The Federal Supreme Court scheduled for the next April 20th the trial regarding the correction of the FGTS. In this case, this judgment concerns the change of the Reference Rate to the National Consumer Price Index (INPC) when calculating the correction. In the event of approval, workers may receive an “overdue” amount.
How is the FGTS calculated?
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For years, labor rights activists have warned about an error in the calculation of the Severance Indemnity Fund, the FGTS. This is because the calculation is made using the Reference Rate (TR). However, this rate usually presents values well below inflation and, therefore, do not represent a dignified adjustment for workers.
For example, in 2022 the Reference Rate was 0.17 in December, while the IPCA closed at 5.78%. Thus, the Direct Action of Unconstitutionality (Adin) tries to change the calculation of the use of the TR to the INPC. In this way, thousands of Brazilians will be able to benefit from this measure.
According to estimates by the Attorney General's Office, the change could result in a historic release of R$ 300 billion for millions of Brazilian workers. Thus, the average benefit would be around R$ 10,000 for each benefited worker. Precisely because of this, this is one of the most anticipated Supreme Court judgments in recent years.
Who could receive the benefit?
You may receive the amount workers who had active accounts, with a deposit, in the FGTS since 1999. In this case, the amount will refer to the working time and will be valid even for those who worked only one year during this period. While those who receive since 1999 will be able to receive the maximum amount of R$ 10 thousand.
However, it is worth remembering that no estimate is 100% correct, only deductions based on the FGTS percentage. Therefore, it will be necessary to wait until the next April 20th to find out whether there will actually be a change in the calculation and what the total amount of the termination will be for workers.
