Consequences of the principles: the dogmatics applied by Aurelio Desdentado Bonete to the judicial doctrine

Abstract

Among the many reference judicial decisions drawn up by Aurelio Desdentado, a ruling is analysed in which it is considered whether the reduction coefficient of the retirement age of a professional group should also be computed in order to determine the percentage applicable to the benefit when retirement is not early or does not do it with the scope that the regulation allows. For the new doctrine issued, the reduced period of time can only be computed as being paid by attributing fictitious contributions by virtue of a job that has not been performed, that has not been paid and which has not been contributed to, because otherwise a double contribution would be admitted - the one made and the fictitious one - on the same activity. The amount of the retirement pension must be calculated by computing only the period in which the retirement age was brought forward, so that, if it is not early, nothing is applied, assuming a reduction in the amount of retirement in relation to the consequences derived from previous jurisprudence. Reviewing the criterion of proportionality, the thesis defended by Aurelio Desdentado considers it "disproportionate" that a worker who contributes and does not need a "fictitious contribution" benefits from this when they reach an ordinary and even delayed age. But, regardless of the solution adopted, it is worth mentioning the handling of legal dogmatics and applicative principles in the doctrinal, professional and judicial work of Aurelio Desdentado.