Requests for review of the Severance Indemnity Fund, FGTS, may be made by a greater number of people due to the increase in the minimum wage to R$ 1,212.00. These requests may be made through the Federal Special Courts and the value can reach R$ 73 thousand. Until December, requests were limited to the amount of R$ 66 thousand, equivalent to 60 minimum wages.
Remembering that the Federal Supreme Court (STF) removed the vote on the direct action of unconstitutionality (ADI) from the agenda. The agenda does not have a date to be placed again in the STF. The ADI was proposed by the Solidarity party in 2014 and has as a question the use of the reference rate (TR) as a way of correcting deposits made in the FGTS.
This index has been zero since 2017. As a result, the loss of earnings for all workers with a balance is approximately BRL 2.7 billion in July of last year alone. In general terms, the estimate is that the whole accumulated since 1999 adds up to a loss of R$ 561 billion.
The understanding is that the correction index should be based on the National Consumer Price Index. The TR cannot compensate for inflation, causing losses to workers, which reduces their purchasing power. If the worker is a contributor to the FGTS from 1999 onwards, he may file a lawsuit in court.
In the action, you should ask for a review through a judicial process, since the decision of the STF can benefit only in these cases. It will be necessary to present copies of personal documents, such as RG, CPF, Work Card and proof of residence. You will also need to present your FGTS account statement.