July 6, 2022

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FGTS review of up to R$70,000 still overseas in 2022?  Learn more here

FGTS review of up to R$70,000 still overseas in 2022? Learn more here

A year ago, the Federal Supreme Court withdrew from its agenda a motion decision FGTS reviewThat suffered in terms of income due to the lack of inflationary compensation. As a result, the workers end up not receiving better income in the fund, which today results in 3% per year + reference rate (TR).

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The measure in question is the Unconstitutionality Direct Action (ADI 5090), which was expected to be voted on by ministers Cuts On May 13, 2021, but it ended up being postponed for the third time in a row. In it, it is proposed to replace the existing indicator with an indicator that follows the rise in prices in the economy.

Now, the proposal is expected to be judged in 2022, guaranteeing workers a huge sum.

How much will workers get?

There is no way to estimate a fixed amount, as each person will receive a credit retroactively. Values ​​can vary between hundreds and tens of thousands of ris. Depending on the length of the official contract and the average wage in the case of CLT specialists, it can be up to 72 thousand RRL.

Who can request an FGTS review?

According to the procedure, all workers who have funds in active or inactive FGTS accounts from 1999 onwards, however, the receipt depends on the decision of the STF, as well as how the ministers will issue the ruling modification.

Is there a call to judge?

no. At the moment, the STF has no decision on ADI. Moreover, although it is an influential agenda, the revision of the FGTS will lead to financial disaster for the Federation.

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Therefore, given the current economic scenario, it is unlikely that Ministers will decide to discuss the matter at this time. If the outlook becomes milder, a trial could then take place.

Should I take action now?

The recommendation is to consult a business attorney to assess the data of the current scenario. Currently, the subject already has more than 300,000 cases in court.