Declares the unconstitutionality of the rules contained in articles 75(2) and 82(2) of Law No. 98/2009 of 4 September, inasmuch as they prevent the update of pensions for disability of less than 30% that are non mandatorily redeemable in accordance with article 75(1) of said Law No. 98/2009, on account of their being higher than six times the minimum guaranteed monthly remuneration in force on the day following the date of discharge from hospital.
In this judgment, the Constitutional Court considered that there seems to be no legitimate reason justifying the legal prohibition of update concerning non-redeemable pensions, in the same manner in which other non redeemed pensions are updated.
To support its understanding, the Constitutional Court considered that non-update of pensions of an amount of six times the minimum guaranteed monthly remuneration in force on the day following the date of discharge from hospital of the injured employee, who, as a result of the accident at work, has sustained a permanent disability of less than 30%, breaches the right to fair compensation of the injured employee, set out in article 59(1)(f) of the Constitution, as well as the principle of equality, set out in article 13(1) of the Constitution, since it provides no protection against the fact that the amount of the pension is unfit to perform its compensatory task, in addition to putting the injured employee at disadvantage vis-à-vis injured employees with a disability of less than 30%, but whose pensions were immediately redeemed, and who therefore did not risk currency devaluation.
On the other hand, the Constitutional Court declared unconstitutional, also on the grounds of the breach of article 13(1) of the Constitution, the rule contained in article 75(2) of Law No. 98/2009 of 4 September, on account of it preventing partial redemption of annual life pensions for disability of less than 30%, which are non mandatorily redeemable, in accordance with number 1 of the same provision, for being higher than six times the minimum guaranteed monthly remuneration in force on the day following the date of discharge from hospital, even where the injured employee so requires.
To that end, the Court considered that the purposes underlying the conditions restricting the possibility to partially redeem life pensions at the request of the injured employee, in accordance with article 75(2) of Law No. 98/2009, are less compelling in the case of permanent partial disabilities of less than 30% than in the case in which such disabilities are equal to or exceed 30%, for which reason the permission given by the law for the optional partial redemption in the second case and the (indirect) legal prohibition in the first case has no material justification, and raises a problem of comprehensibility, reasonableness or non arbitrariness between the two situations.