STF LIVE - FGTS Referee

Supreme Federal Court Justices (STF) Plenary Session, this Thursday (4/20), Direct Action for Unconstitutionality (ADI) 5090 which discusses the use of the reference rate (TR) for cash restatement of Fund Stop Compensation (FGTS) related accounts. By decision of the rapporteur, Minister Luis Roberto Barroso, operations dealing with this issue are suspended throughout the national territory until the final decision of the STF. Follow the STF session live.

The lawsuit against the provisions of Laws 8036/1990 (Section 13) and 8177/1991 (Section 17) requiring correction of deposits in accounts linked to the Separation Guarantee Fund (FGTS) at the reference rate (TR). Solidariedade alleges that the workers are the owners of the deposits made and that the appropriation by Caixa Econômica Federal, which administers the FGTS, of the difference due for the actual cash reinstatement violates the constitutional principle of managerial ethics. The sponsor will decide whether it violates the right to property, the social right to the fund, the principle of administrative ethics, and the use of TR for monetary correction of FGTS account balances.

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The STF plenary session may also rule ADI 4,851 It questions the provisions of Law 12.352/2011, in Bahia, that allow state judicial officers to have the option of entitlement to authorization of notary services and registration without a prior public tender of evidence and titles. The fellow will decide whether it is necessary to conduct a public tender to enter into the notary activity and to register on a private basis.

It is also on today’s agenda ADI 3,245 Which inquires into Article 8 of Law 68/2003 of Maranhão, which specifies that current incumbents of the mixed services of the Inland Provinces, permanent or permanent, will be able to choose between extrajudicial service and the position of judicial officer with their current salaries. The university will decide whether the rule in question violates the vested right principle.

It could still be appealed, with the return of a bid request from Minister Alexandre de Moraes, the ADI 5,388 Appeal against Decision 154/2012 of the CNJ and Article 1 of Decision 295/2014 of the CJF, which provides for the use of the judicial power of resources arising from the application of the financial benefit penalty in criminal courts.