A inconstitucionalidade da aplicação da TR na atualização monetária do FGTS: fundamentos das ações revisionais e argumentos contrários

Abstract

The application of the TR-Reference Rate as an index of monetary correction of the FGTS balances has generated losses to the workers, considering that this rate does not capture the inflationary loss, and is not a mechanism able to make the necessary updating of the value of the deposits guaranteed by the planning. This situation has been challenged by thousands of revision actions seeking the declaration of unconstitutionality of the application of the TR in the FGTS, pending resolution by the Judiciary. This paper examines the creation and legal nature of the FGTS, the appropriation of the mechanism of monetary correction by the constitutional legal system, the norms that established the TR and its incidence in the monetary updating of the FGTS, the fundamentals of the actions and the manifestations contrary to the claim. In light of the understanding that FGTS is a multidimensional right of the worker, which the Constitution categorizes and protects as a fundamental social right, it is intended to prove the illegitimacy of the losses that the situation imposes on the holder of the FGTS and the unconstitutionality of the current rule of monetary restatement of the FGTS.