TST defines judicial paths for FGTS withdrawal requests

The Superior Labor Court (TST) has established new criteria for determining which judicial branch handles legal requests for FGTS withdrawals. This decision aims to resolve jurisdictional disputes between the labor courts and the Superior Court of Justice (STJ).

Under the new rules, cases directly linked to employment contracts—such as dismissal without just cause, indirect termination, or mutual agreements—will remain within the Labor Court.

Conversely, requests that do not depend on the employment relationship, such as those involving retirement, serious illness, death of the worker, housing financing, or public calamity, must now be processed through the common justice system (state or federal courts). This change affects the legal path for workers seeking judicial intervention to release funds but does not alter the underlying laws governing eligibility for FGTS withdrawals.