Today, the FGTS is one of the main rights of Brazilian workers. However, one criticism of the fund is the unattractive returns, which are now in doubt. Thus, there is currently a procedure in the Federal Supreme Court (STF) that seeks to change this situation. Many people have questioned whether it is worth asking for an FGTS review. So, to understand what the topic is and to know who is entitled to it, read on!
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FGTS review: Understand what it is and who has the right
First of all, it is worth noting how much the FGTS yields today. In short, the money deposited in the FGTS account yields 3% per annum, plus a monthly TR update. However, for several years the reference rate was not able to restore inflation. moreover Box Econômica distributes the result of the FGTS, and the transfer is distributed in proportion to the balance of the linked accounts on the last day of the year. Thus, the higher the balance, the greater the profit that is obtained.
As a result, the lawsuit questions the adoption of the reference rate as a correction indicator. Until 1999, TR was used to keep track of the variation in inflation rates. However, due to changes in the computation methodology, the behavior of the indicator is “separate” from other indicators, such as IPCA and INPC. So, since 2017, it has been at zero. In other words, the correction of the FGTS was initiated by an indicator that did not reflect the general increase in prices.
Finally, a FGTS review is a procedure that takes place in court and wants to change the TR as an indicator used to correct the FGTS. Therefore, anyone who worked on a formal contract between 1999 and 2013 can file a lawsuit to demand a review of the FGTS.
However, there is no predetermined amount and a much lower deadline for the payment of the lawsuit, because these lawsuits have already been judged and there is an attempt to re-judgment. Therefore, the chances of taking a long time and not achieving real results. If in doubt, find a trusted attorney to review your case.
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