Three new circumstances for withdrawal of the Severance Indemnity Fund (FGTS) by the worker may be included in the law: the financing of a property for the father or for the child; the payment of debt on rural property belonging to the holder, to his or her parents or children; and the acquisition of a property belonging to a relative of the holder that is the object of probate.
In this last case, it allows one of the heirs to purchase the shares of the others with funds from the fund.
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This is what is proposed by PLS 337/2015, by former senator Donizete Nogueira (TO), already approved in the Social Affairs Committee (CAS) and ready for final vote in the Economic Affairs Committee (CAE).
The rapporteur, senator Elmano Férrer (Pode-PI), presented a favorable vote on the bill, arguing that the text improves the FGTS Law (Law 8.036, of 1990) because it fulfills the social function of the fund, allowing the worker to build up a monetary reserve that can be used in situations “of high personal importance.”
The matter was sent to the Secretariat-General of the Bureau for analysis of requests for joint processing with other bills of similar content. With the end of the legislative term, the requests were no longer read and were shelved. PLS 337 returned to the CAE for continuation of processing.
Rural property debt
According to the initial text of the bill in question, the proposal aims to give the holder of the FGTS-linked account the right to use the fund’s resources for the settlement or amortization of debts on residential properties registered in his or her name, or in the name of his or her parents or children. The proposal also creates the possibility of using the FGTS for the settlement or amortization of debts linked to rural property of first-degree relatives of the holder of the linked account.
“The bill provides for the possibility of use, by the holder of the FGTS account, of the right to use the fund’s resources for the purchase of urban or rural property that is the object of probate and estate of which he or she is part. It is known that among many heirs there is no common interest in maintaining the property jointly after the death of the father. The choice is then made to sell it, within the probate proceedings. The clause added to the FGTS law by this bill will allow one of the heirs to purchase the shares of the others with funds from the fund.”
Source: Agência Senado
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