FGTS Revisional Lawsuits: Aspects, Requirements

Abstract

Enacted in 1966 by the Law 5.107 and currently dictated by the Law 8.036/90, the employee's dismissal fund (FGTS) works as a social nature fund to defray the housing and infrastructure system, and also to help the helplessness worker. Every monthly payment, compulsorily paid by the employer to every employee hired under employment laws (CLT), is deposited at CEF where the balance is updated by the Reference Rate (TR) plus an annual average interest rate of 3%. Since 1999, due to the gradual reduction of the Selic - the interest rate from which the TR is extracted - the employee's FGTS balance is being partially eroded for this monetary adjustment does not offset the inflation rate at some periods. This has entailed a surging amount of lawsuits with the aim of reverting occasional losses by the CLT employees in their FGTS accounts. This paper discusses the subject in the light of the workers' pleas and arguments, with special emphasis on its aspects and potential decisions on the subject.

Keywords

• Fundo de garantia por tempo de serviço, Atualização monetária, Prescrição, Juros, Taxa referencial