May 16, 2022
A worker can get 100,000 Brazilian riyals from FGTS |  brazil news |  Online Diary

A worker can get 100,000 Brazilian riyals from FGTS | brazil news | Online Diary

The possibility of revising the index used to correct the amounts collected by the FGTS fund could give millions of Brazilian workers the right to receive corrections that could, in some cases, reach R$100,000, depending on working hours, salary and term of deposit.

The decision, which will determine whether the right will be guaranteed to workers or not, is under analysis by the Federal Supreme Court (STF). With the end of the year holiday, the dissertation trial for 2022 was left behind, ensuring an additional period for interested workers to submit the procedure that could guarantee entitlement, if the STF’s decision was favourable.

Humberto Costa, a lawyer specializing in social security law, explains that the so-called FGTS review thesis considers that workers who collected FGTS values ​​from 1999 to the present day incur losses, because the indicator used today guarantees income below average. period swell.

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Currently, FGTS accounts operated by Caixa Econômica Federal are corrected by a so-called TR, or reference interest rate. The problem is that since 1999 the reference rate has been lower than the inflation rate calculated by indicators such as the IPCA (Expanded National Consumer Price Index) or INPC (National Consumer Price Index).

Thus, a thesis emerged calling for a review of these amounts deposited throughout this period so that the worker could obtain this difference. In other words, the rate at which it, being TR, was producing less inflation and the legal thesis is that this is de-institutionalized because the worker loses money.”

With this said, those with FGTS values ​​from 1999 to today have the possibility to appoint a professional, be it an accountant, a lawyer specializing in the field, or the Office of the General Counsel of the Federation – in the case of those who are unable to hire a lawyer – to make this calculation and determine what this difference is .

Humberto explains that this calculation takes into account the amount of FGTS profits collected in the calculation of a particular factor, if indicators other than TR are applied. “While implementing TR, we will apply in the calculation other indicators, such as INPC and IPCA. We apply these other indicators and verify that they all produce much more than TR. So, TR is behind schedule, it is outdated, and yields less inflation,” he said. The lawyer points out. “We, here in the office, calculate using these other indexes and show the judge the difference in what index is, in fact, in the interest of the worker.”

Only through this account can it be assessed whether it is beneficial to file a lawsuit requesting a review of the FGTS. This benefit varies from worker to worker because the estimated income will depend on the salary the worker receives and the period in which the FGTS amount was earned. “The greater the volume that exists from 1999 to the present, the greater the difference, especially in the case of highly paid people. The lawyer points out that there are people with a difference of 20 thousand Brazilian reais to be paid, as well as people with more than 100 thousand Brazilian reals. “.

“But only by making the calculation can it be determined, in fact, whether it is worth taking the action. For example, here in the office we have already made calculations which were not favorable because they would be very small amounts, but when the calculation is made it is noted that the receivables It will be R$5,000, R$15,000, R$20k, R$50,000 forward, the advantage is really big.”

Humberto explains that the decision to file a lawsuit to demand a review of the FGTS is like an investment, insofar as there is a risk that the STF’s decision is not in favor of the thesis. You have to risk.

“We understand that the STF has three possibilities when making a decision: one is to reject this thesis and then everyone loses; another is to accept the thesis, so that the people who have already taken action and the people who will take action after the decision benefit; and the third thesis, which we think, if it is favorable , the STF will adopt, is the decision effects adjustment, which means that the STF, if favorable, will most likely award favorable but from today’s sentence backwards. Whoever entered entered. Those who did not enter, will no longer be able to enter,” he sees.

“Therefore, if a person has values, it is necessary to make the calculation, and because it is useful, it is recommended to submit the procedure and wait for the decision of the STF. It is an investment and every investment has risks. It may go wrong, but if the decision is favorable, the advantage can be very great.”

Unfortunately, there is no set date for when the STF team should rule on the case. The lawyer explains that the last prediction of the ruling was for the month of March of this year, but at the last moment one of the ministers who analyzed the thesis asked for opinions, that is, he asked to study the process. As a result, the trial is still pending.

“Unfortunately, not all STF decisions are based on the legal issue, or on the legal issue. If that is the case, the case is likely to be won. But the STF often has the political understanding, and will think about the economic aspect because it is the money that will come from Caixa Econômica, so it will affect the public treasury. But, if it is legally evaluated, there are reasonable grounds to make the decision favorable”, assesses Humberto Costa.

The lawyer issues another important caveat: not only workers who received amounts from the FGTS today can take action to request a review, but also workers who, for example, have already retired and have already withdrawn all benefits, but who, during the period of the letter, collected FGTS amounts. “In this case, the worker will ask for a review of that exact period in which his money has been in place and has not yielded what it ought to have yielded, that is, it has yielded less than inflation.”

How do you enter?

Workers who have received or still have FGTS amounts collected from 1999 through today can file a lawsuit to demand a review of the FGTS cash correction.

To find out whether it is worth filing a lawsuit, it is necessary to make the calculation that will estimate how much the worker will have to receive the correction for the period in which his FGTS was collected and the return is less than the inflation index for the period. For this, the worker can request the services of an accountant, a lawyer specializing in the field of social security or the office of the public defender of the union.

If the assessed value is useful, the worker, advised by an attorney or public defender’s office, may file a lawsuit to request an FGTS review.

Depositing the procedure does not automatically guarantee receipt of the payment, since the thesis is still dependent on the assessment of the STF.

If the STF rules the thesis in its favour, the workers who file the lawsuit may benefit. In any case, when there is a decision of the STF, which does not have a deadline, if it is favorable, all the details related to the review will be determined, such as, for example, the indicator to be applied and all other criteria to be adopted. which will be public to all.