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STF Leaves New Limits on FGTS Birthday Withdrawal Advances Intact After Party’s Challenge Is Rejected

The decision preserves tighter caps on FGTS advance amounts to curb long-term commitments of workers’ balances.

Overview

  • Justice Cármen Lúcia rejected Solidariedade’s lawsuit on procedural grounds, keeping the FGTS Curator Council’s rules in force.
  • Advance operations are now capped at a minimum of R$100 per anticipation and a maximum of R$500 per annual withdrawal, with up to R$2,500 total when five parcels are anticipated.
  • Workers may anticipate at most five birthday withdrawals within 12 months, after which new anticipations are limited to three.
  • New operational rules include a 90‑day wait for the first withdrawal after opting into the birthday modality.
  • Cancellation can be done via the FGTS app, but returning to full dismissal-withdrawal rights under Saque-Rescisão requires a 24‑month waiting period.