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Regarding the argument that FGTS resources are used for relevant social purposes, such as housing financing, sanitation and urban infrastructure, the president of the STF understood that it is unreasonable to impose on a vulnerable group of the population the full cost of a public health policy. collective interest, without ensuring, in return, fair remuneration. In his vote, the rapporteur also establishes that the new rule would only take effect for deposits made from 2025 onwards

 

In the end, he stated that it is necessary to readjust the FGTS, at least, for savings, however, he proposed the following modulations:

 

In relation to existing deposits, the rule is the distribution of the entire result of the guarantee fund among account holders.

From 2025 onwards, new deposits will be remunerated at the value of the savings account.

Divergence

 

In his vote, minister  highlighted that, after the 1988 CF, the FGTS was consolidated as a worker's social right. He highlighted that this is a complex law that requires specific standards, including duties, obligations and prerogatives for individuals and public authorities.

 

The minister explained that the FGTS is not a simple property right, but a statutory property, strongly regulated, with normative protection and enjoyment. It emerged as an alternative to the ten-year stability system, with social purposes, in addition to being a financial reserve for the employee, always linked to housing policies.

 

Minister emphasized that the legislator consolidated the FGTS as a worker's right, and the 1988 constituent ratified the current discipline, except where there was incompatibility with new CF institutes.

 

Your Excellency. mentioned that, according to STF jurisprudence, there is no constitutional subjective right to monetary correction or correction according to a specific index ( RE 388.312 ). He stated that the issue of monetary correction is a matter of monetary law and it is up to the legislator to establish such criteria. He noted that the STF has already decided on the inadequacy of the TR - Reference Rate as an index for correcting credits arising from judicial convictions of the Public Treasury and debts in judicial accounts ( ADC 58 ).

 

In the current controversy, Minister understood that the jurisprudence that the STF cannot reject the criteria chosen by the legislator for updating monetary indices must prevail, as this would imply re-indexing the economy, a phenomenon considered harmful. He distinguished the current situation from previous cases, such as ADIN 4,357 and RE 870,947 , stating that these dealt with the legislative treatment of arrears or credit rights, while the FGTS issue is about monetary updating of a statutory nature.

 

He highlighted that the fund should be considered as a social right, not as an investment for the worker. Although the accounts are linked to workers, supervision is the responsibility of the Ministry of Labor, directing the fund's resources to the realization of social rights.

 

Minister stated that changing the FGTS correction index would harm people dependent on housing programs and would not significantly increase workers' balances. He highlighted that the legislator has been balancing the individual and social dimensions of the fund, facilitating the movement and availability of resources.

 

In the end, he voted to dismiss the action, understanding that the FGTS cannot be confused with a financial investment. He reinforced the need for self-restraint by the Judiciary in financial policies and stated that the legislator has not exempted itself from the duty to balance the social and individual dimensions of the fund, concluding that there is no violation of the constitutional precepts of morality in its management.

 

 

 link: https://www.migalhas.com.br/quentes/409193/ao-vivo-stf-volta-a-julgar-indice-de-correcao-de-contas-do-fgts