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With the news of a new date for the trial aimed at reviewing the FGTS, many people want to know whether they are entitled or not.
To help you understand this situation and know how much you could earn, whether you are entitled to it and, of course, until when you can request a review, we created this post.
So, if you are interested in having all these questions answered, check out this content until the end.
What is the FGTS review?
The FGTS review is an action that aims to correct the current FGTS balance of workers who have had a signed employment contract since 1999.
To achieve this, a new calculation index must be determined, aiming to keep deposits above inflation.
The FGTS review can happen both for those who have money in the account and it is active, as well as for inactive accounts that no longer have any money.
What makes the difference is that if you have already withdrawn the money from the account, the review will be carried out up to the day the money was in the Caixa.
Why is the FGTS review being requested?
The FGTS review request aims to change the index called the Reference Rate (TR). The objective is to change it to another index that is more effective for performing these calculations.
You may not know, but annually, the money you leave in your FGTS account has an interest increase of 3%.
However, since 1999, this index has no longer been able to keep up with the country's inflation growth, which has caused the FGTS deposit to be devalued.
Let's imagine that you have an inactive account and it shows R$ 10,000.00. The TR index is then applied. In this case, at the end of the year you will have R$ 10,300.00.
However, in the same year, Brazil experienced inflation of 8%. In other words, your money lost value of R$ 800.00. In total, your purchasing power fell to R$ 9,500.00.
Who has the right to request?
Anyone who has a balance in their Caixa account from January 1999 to the present day is entitled to a review of their FGTS.
As mentioned before, it doesn't matter if the account is inactive or has no more money in the account, as the review process remains the same, as we discussed before.
The only people who are not entitled to this review request are:
- Self-employed workers;
- Civil servants;
- Military personnel subject to their own legal regime;
- People who withdrew money before December 1998.
How much can I receive with the FGTS review?
There is no minimum amount that you can receive when you review your FGTS. It all depends on how long you have worked with a signed employment contract.
To find out more details about how much you can get, there is a website that is providing people with a calculator to perform their own calculation, called Loit Legal.
Until when can I file a review request?
If the request for review made to the STF is accepted, all people who have filed a request in court will have the right to have their FGTS reviewed according to the index that is determined.
However, the Supreme Federal Court must try to reduce the impact that monetary correction will have on public coffers and then modulate an action.
Therefore, those who filed a request for review before the trial took place will have the right to correction, while others, on the other hand, will not.
Therefore, it is ideal that you make your request by April 19, 2023, since the trial will take place on April 20 of the same year.
How can I request a review of the FGTS?
The amount you can receive implies whether or not you need a lawyer to make the FGTS review request.
You can make your request yourself without needing a lawyer, as long as the amount you are going to receive is not more than 60 minimum wages, which is currently around R$79,200.00.
In this case, your case goes to the Federal Special Court, where it tends to run faster.
If the amount is above 60 minimum wages, the case will be forwarded to the Federal Court. Therefore, you will need a lawyer.
