Correction of FGTS will be judged by STF; Understand if you have the right

In April finally work for FGTS correction The Supreme Federal Court (STF) will rule, with a view to determining whether or not to correct the Stop Compensation Fund by means of an inflation index.

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Direct Action for Unconstitutionality (ADI) 5090 was inaugurated in 2014 by the Solidarity Party, requesting that FGTS not be corrected by TR (Reference Rate) plus 3% per annum, as is currently the case.

The main justification is that the account has been losing to inflation for years, causing the money stored in the fund to, in practice, lose value over time.

Who can benefit from STF-judged FGTS correction?

If the Supreme Court votes in favor of ADI 5090, workers associated with FGTS since 1999 may receive the retroactive amount indicating the corrected amount. This is because, since that date, the fund’s annual return has always been less than inflation.

However, there is no consensus on correct value or on who exactly deserves it. While some jurists recognize that all workers have equal rights under the Constitution, entities such as the Institute for Workers’ Guarantee Fund (IFGT) insist that only workers who have sought correction in court by the date of the decision are entitled to do so.

In any case, the STF must, in its decision, explain how the correction will occur and who will benefit from it. “Every time the ADI is on the agenda, there are these statements that only the workers who are suing have the right to review. It is up to the Supreme Court to decide this issue,” says Professor Frederico Barbosa, of Mackenzie Brasilia.

According to the IFGT, the amounts received per worker can be up to R$100,000, depending on how much is in the fund.