A new session was scheduled for the month of April this year so that the Federal Supreme Court (STF) can correct the values of the FGTS (Service Time Guarantee Fund). Through the Direct Action of Unconstitutionality (AD) 509, initiated in 2014, the request concerns the update through inflation of FGTS earnings. Keep reading and learn more about the topic.
FGTS update
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The request is for the Fundo de Garantia to stop using the Reference Rate (TR) calculations of 3% per year. So, in 2017, for example, the TR almost reached zero, with no income.
The request was made by Solidarity, claiming that the Fee loses value according to the inflation for the year, influencing the loss of workers' earnings and the storage of the FGTS.
The expectations for the vote are that the STF judge in favor of ADI 5090, as guided by the Institute Worker's Guarantee Fund (IFGT), an NGO that assists workers with Worker's Fund issues Guarantee.
The correction decision may not cover everyone
However, there is a caveat that the Supreme Court's decision will be relevant only to those who filed a lawsuit to request the correction of values before April 20, when the vote will take place.
On the other hand, the opinion of many, Frederico Barbosa, professor of Law at FPMB (Faculty Presbiteriana Mackenzie Brasília), stated that there are different points of view on the case and there is no way to predict the decision of the Supreme.
According to Barbosa, this would be an action to benefit everyone who needs to receive the FGTS correction, and not just those who filed a lawsuit.
This is an agenda that has been open for 9 years and there are always disagreements regarding the possibility of a decision. In fact, only the stf can decide what to do.
If the vote is aimed at everyone, those who have been linked to the FGTS since 1999 will be entitled to retroactive until the present day or until 2014, when the ADI was started.
According to NGO IFGT calculations, workers can receive up to R$ 100,000, depending on the case.
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