The ruling in Direct Constitutional Action (ADI 5090) was due to be implemented this week, which aims to review and redefine a new monetary correction on amounts deposited in the FGTS (Service Time Guarantee Fund) for workers.
The purpose-based measure calls for an adjustment to the monetary correction at the reference rate (TR) set by the central bank in 1999 which has caused many workers accumulated losses since then, reduced the return on inflation itself and caused a millionaire accumulated loss.
What is FGTS Correction?
FGTS is a monthly deposit made by the employer in an amount equal to 8% of the employee’s salary. The amount deposited is tied to the employment contract and has an income close to savings.
However, it happens that the FGTS cash correction computation uses the reference rate (TR) which is below inflation each year, that is, the amount deposited by the workers instead of correcting it leads to numerous losses to the workers.
In light of this scenario, several workers joined the judiciary demanding that the FGTS balance be recalculated using more appropriate monetary reformulation indicators, as is the case with INPC and IPCA.
Therefore, all workers who have had or have had FGTS balance since 1999 can file a lawsuit to demand correction for amounts that can be as high as 88.3% of the total accumulated balance.
Here are some examples:
- FGTS account balance of R $ 112,010.38 Adjusted by TR: If IPCA had been applied, the amount would have increased by R $ 92,751.41 (increase of 80.48%)
- FGTS account balance of R $ 199,461.84 adjusted by TR: If IPCA-E had been applied, the amount would have increased by R $ 100,001.91 (50.13% increase)
- FGTS account balance of R $ 301,497.75 corrected by TR: if INPC applies, there will be an increase of R $ 234,115.90 (increase of 77.65%)
Deadline for the new review
With the FGTS balance correction review postponed, workers and lawyers ended up gaining more time to file a lawsuit and prepare for an STF ruling.
It is also imperative to understand that pending a new trial date set for the lawsuit, workers and lawyers can prepare for a potential decision by the Supreme Court to apply a normative effect to the lawsuit, which can only benefit those who have brought a claim before trial that a case can be brought for all injured workers.
Therefore, even if the news of the decision postponement is met with the rejection of those awaiting the decision since 2014, it becomes a positive point for those claiming their rights, as well as for training lawyers on the issue. .
FGTS Balance between 1999 and 2013 is worth any worker with an account balance, whether retired or not. To obtain the right of review, it is necessary to file a lawsuit.
Calculate FGTS value today: 8% of monthly salary + 3% interest + cash correction based on the reference rate (TR)
Who is entitled to review?* Any Brazilian worker with a balance in the FGTS since 1999. * Retirees and workers who have already withdrawn from the FGTS can file a claim so that they can get the additional amount they will recover from their entitlement.
How much are you entitled to? The amounts depend on a case by case basis, according to the period in which the employee deposited the amounts with the FGTS. There are cases where the update reaches 88.3% of the fund’s value.
The documents required to file a lawsuit:
- A copy of the business card (the page with the PIS number)
- Extract from FGTS (Caixa Econômica Federal) from 1991 or the year after that, when formal contract work commenced
- A copy of the identity card
- A copy of the CPF
- Proof of address
In possession of these documents, find a lawyer you trust who will arrange the case.
It is really a file The third time the STF has postponed the rule of law implementing TR. In 2020, ministers declared the index inadequate, but the final decision was postponed at that time. The index, in addition to being an update to the FGTS, is also a benchmark interest rate for correcting loans and savings.
If the STF decision continues, the federal government will need to disburse nearly R $ 300 billion. An estimate is taken into account if all workers who fall into this position take an action to request a review.
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