Federal courts have advocated for the release of the Sovereign Indemnity Fund (FGTS) to help families of dependents diagnosed with Autism Spectrum Disorder (ASD), although this estimate is not provided for in law. Caixa Econômica Federal, the FGTS account manager, denies the withdrawal request in this particular case. In both the administrative requirements and the legal process, the bank claims that it cannot leave the movement of the balance outside the assumptions listed in federal law.
Although the money belongs to the workers, the law allows access to the fund in certain cases. In addition to unjust dismissals and the purchase of a home, there are health concerns of employees or dependents, this money can be waived. Predictable cases include: HIV-infected people, people with cancer, or a terminal illness. However, autism does not fit in any case.
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However, according to lawyer Fernanda Everesto Cassiano, from Barreto, Veiga e Advogados (BV / A), the Superior Court of Justice (STJ) has already ruled that the assumptions listed in the current law, which allow the FGTS balance to operate, do not specify a complete list. , That is, limited, but imitative. The importance of each case depends on the judiciary being analyzed which can release the assets based on the basic principles of law and the social motives of creating the norm in question.
“Since the applicable law does not explicitly provide for this possibility, Caixa Economica will not release the FGTS balance from an account linked to a general administrative requirement by federal employees. Thus, a lawsuit will need to be filed before it. “, Fernanda explains.
“A number of lawsuits have already been filed in the Federal Court and the Federal Regional Court in this regard, allowing the employee to withdraw FGTS balance in his / her joint account for proper treatment of his / her dependents who have been affected by ASD (Autistic Spectrum Disorder). Development, and the health issues associated with it, provide human dignity, which is a fundamental principle of the legal system, “he added.
For this, it is essential to hire a lawyer and present the following documents: updated extract of FGTS balance deposited in employee’s escrow account; Medical reports prove that the dependent has ASD-Autistic Spectrum Disorder, and multidisciplinary treatment is essential; Drug and medical cost reports will be differentiated and show evidence of a dependent relationship with the worker (such as a birth certificate). In addition to personal documents, such as identity, CPF and work card.
“It should be noted that no measure is a guarantee of the success of the judiciary, especially in cases where the law does not specifically provide. Evolution of patients undergoing treatment,” the expert concluded.
Where action must be taken
The federal court is responsible for requesting the release of the guarantee fund
The Union Public Defender (DPU) provides free assistance to families with a monthly income of up to R $ 2,000 or who prove they are unable to pay a lawyer.
If the total amount requested in the action is up to 60 minimum wages (R $ 72,720), it is possible to make the request directly to the federal special court without the need for a lawyer. Above this standard, one needs to enter federal court, always with a lawyer.
Diseases that guarantee release of funds 6
- Emotional isolation
- Severe heart disease
- Radiation contamination, based on the completion of specialist drugs
- Parkinson’s disease
- Ankylosing spondyloarthrosis (ankylosing / ankylosing spondylitis)
- Advanced stage of Paget’s disease (osteitis deformity)
- Severe liver disease
- Severe nephropathy
- Irreversible and disabling paralysis
- Active tuberculosis
- HIV / AIDS
- Disease in the last stage