The Court understood that these legal devices affront the forecast contained in Article 7, item XXIX, of the Constitution of the Republic, and the five-year prescription period should be applied for the collection of values not deposited in the time guarantee fund service (FGTS). The decision was made by a majority in the judgment of the extraordinary appeal with Aggravo (ARE) 709212.
The Ministers of the Federal Supreme Court decided for the direct application of Article 7, item XXIX, of the Federal Constitution, which provides for the five-year prescription period for credits resulting from labor relations. It was understood that, with the advent of the unemployment insurance benefit, the service time assurance fund can no longer be treated as an alternative to stability, but as a right of urban and rural workers.
With the change in the case-law of the Court, the effects of the decision were modulated: for those cases whose initial term of the prescription - that is, the absence of deposit in the FGTS - occurs after the date of judgment, Therefore, the five-year period; For cases where the prescription period is already underway, whatever occurs first: 30 years, counted from the initial term, or five years from the trial.
