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Proposal analyzed by the Public Security Committee foresees annual FGTS withdrawal for the purchase of weapons, ammunition, and accessories, but maintains legal requirements and still depends on new stages in Congress.
The Chamber of Deputies is analyzing a bill that could create a new possibility for using the Severance Indemnity Fund (FGTS). The proposal authorizes workers to withdraw funds from the fund to purchase legalized firearms, ammunition, and secure storage accessories.
The text was authored by Congressman Marcos Pollon (PL-MS) and is expected to be analyzed by the Public Security Committee of the Chamber this Wednesday, the 12th. The rapporteur is Congressman Paulo Bilynskyj (PL-SP), who presented a favorable opinion on the proposal.
The measure foresees that the withdrawal will occur once a year, on the worker’s birthday or the next business day. The release will depend on a valid authorization for the purchase of the weapon and proof of regularity in the systems of the Federal Police or the Army.
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Bill creates new FGTS withdrawal hypothesis
The proposal does not change the current rules of the birthday withdrawal, created in 2019. The project merely uses the worker’s birth month as a reference for a new withdrawal modality.
The money can be used to purchase legalized firearms, ammunition, and accessories considered essential for secure storage. The authorization, however, does not waive the requirements already provided for in the legislation.
The worker will still need to prove technical capacity, psychological aptitude, and absence of criminal records. These rules continue to be required for the regular acquisition of firearms in the country.
Debate involves public security and social protection
The author of the project states that the high cost of legalized weapons makes access difficult for low-income populations. The proposal, therefore, seeks to allow the use of a reserve already belonging to the worker.
Critics of the measure, however, argue that the FGTS should maintain its original purpose. The fund was created to protect workers in situations such as dismissal without just cause, retirement, serious illnesses, and the purchase of a home.
The funds deposited in the linked accounts are administered by Caixa Econômica Federal. While not withdrawn, the amounts finance programs for popular housing, basic sanitation, and infrastructure.
How FGTS currently works
Employers must deposit, every month, the equivalent of 8% of the employee’s salary into an FGTS-linked account. The amount belongs to the worker and does not generate a salary deduction.
Apprenticeship contracts have a collection of 2%. Domestic workers have a collection of 11.2%, including a monthly deposit and anticipation of the severance collection.
The FGTS balance receives monetary adjustment by the Referential Rate and interest of 3% per year. Since 2016, part of the fund’s annual profit is also distributed to workers, as decided by the Curatorial Council.
When FGTS withdrawal is already permitted
Current legislation allows FGTS withdrawal in specific situations. These include dismissal without just cause, contract termination, retirement, serious illnesses, natural disasters, and the purchase of a home.
Withdrawal is also released when the worker turns 70 years old, remains three years outside the FGTS regime, or undergoes termination by agreement with the company.
In the birthday withdrawal, the worker can withdraw part of the balance once a year. Adhesion is optional, but those who choose this modality lose the right to full withdrawal in case of dismissal without just cause.
Text still needs to advance in Congress
Approval in the Public Security Commission does not end the processing. The project still needs to pass through other commissions of the Chamber of Deputies and the plenary.
After this stage, the proposal will go to the analysis of the Federal Senate, if approved by the deputies. Only after this process can the text become law.
The discussion, therefore, places two opposing views on the FGTS. On one side, there are those who advocate for greater freedom for the worker to use their own money. On the other, there are those who see a risk in moving the fund away from its original social function.
Should FGTS for gun purchases be treated as freedom for the worker to use their money or as a deviation from the fund’s social protection purpose?
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