Caring for autistic children requires good specialists, who are very expensive for parents. Thus, thinking about the well-being of their children, several parents filed a request to use part of the Severance Indemnity Fund (FGTS) for medical care. As a result, many of them are getting favorable opinions of court decisions, making it possible to withdraw the FGTS. Want to know more about? Follow the article on this subject.
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Several families who have dependents with TEA (Autistic Spectrum Disorder) are looking for ways to be able to afford the high costs of specialists. One of them is, for example, the withdrawal of part of the Guarantee Fund.
The TEA is not in the bases foreseen in the law that authorize the worker to withdraw the fund, however the courts understand that it is possible to withdraw the money to help with expenses and cover costs with experts.
In this context, last March, the father of an autistic boy had his case authorized by the TRF-3 (Federal Regional Court of the 3rd Region), which serves São Paulo and Mato Grosso do Sul. With unanimity of the decision, it was determined that Caixa Econômica Federal release the withdrawal.
In 2019, a worker who had around BRL 119,000 in the FGTS, adding deposits from four jobs since 2011, asked for part of this amount, claiming that he needed to pay for the treatment of his son, diagnosed with ASD at two years. However, he had his request denied.
This caused a certain buzz, because if the money belongs to the worker, why couldn't he do what he wanted? However, the law allows FGTS withdrawal only in specific cases.
In 2021, at the Regional Labor Court of the 6th Region, which operates in the state of Pernambuco, a similar case took place. The judge in charge of the case demonstrated that case law ensures the withdrawal of the FGTS when the serious illness of the dependent is proven, even if it is not expressly provided for in the law.
This opened up more possibilities for parents to be financially assured in the treatment of their children. Thus, if you wish to file the lawsuit, the Federal Public Defender's Office (DPU) serves families with a monthly income of up to R$ 2,000.00. Find the one closest to you!
