May 30, 2024

The Catholic Transcript

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FGTS review may come out in 2022? I know who has the right

a FGTS review in 2022 It is one of the most talked about topics in recent months in Brazil and you are certainly already aware of it or are already taking your own actions to participate in it. Many workers yearn for this provision that will determine the possibility of receiving profits that have not been applied in their business Separation Compensation Fund (FGTS).

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The STF ruling was scheduled for May 13, 2021, however, it ended up being postponed. As justification, the Federal Supreme Court (STF) has stated that the review will lead to a millionaire effect due to the chaos caused by the covid-19 pandemic.

So far, the Supreme Court has not released a new date. If the judgment is in favor of the workers, then the value must exceed R$300 billion to distribute to more than R$70 million.

FGTS is a workers’ guarantee fund and is paid by the employer every month. This fund works to ensure the financial stability of workers who have been dismissed without just cause. They consist of amounts paid by the current employer, which are active amounts, and paid by previous employers, called inactive amounts.

In addition to arbitrary dismissal, there are other cases in which you can withdraw FGTS amounts:

  • Retirement Be 70 years of age or older; Termination of the mutual contract of employment between you and the employer (in this case you will only be able to withdraw 80% of your money); Christmas withdrawal Termination of temporary employment contract; Buying a home closing your employer’s business; you have a serious illness (such as AIDS, cancer, active tuberculosis, etc.); Without paid activity for 90 days or more, for the self-employed.
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Once deposited, amounts over time are subject to interest and cash correction. According to Law 8036/90, the interest you earn annually is 3% on FGTS values.

Although many workers complain about delays in court, this is a good thing for many, as they will have more time for other workers to file a lawsuit. A delay in judgment also adds more interest to your FGTS value. Experts recommend that you review your FGTS periodically.

Some of the requirements are necessary to request an FGTS review, the prerequisites are: Of course, you have a FGTS account from January 1999, even if you have already withdrawn the amounts after this period.

For those who meet these requirements, the advice is to enter the application as soon as possible, as the STF may only apply the decision to people who have already requested a review.

The documents required to request a review are: identity document (RG or CNH), including CPF; CTPS (Business Card), which will prove registration in the FGTS; Proof of residence up to date for at least 3 months from the date of filing the lawsuit; FGTS extract from 1991.

You can obtain this statement directly from the Caixa Econômica Federal website; Calculations of correction values ​​to which you are entitled. This calculation will be made by your attorney or accountant.