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Measure Can Unlock Up to R$ 6.5 Billion and Benefit 13 Million People After Changes That Alter Loans, Reduce Indebtedness and Restructure the Use of FGTS.
The federal government plans to release, in the first quarter of 2026, the retained FGTS of workers who opted for the birthday withdrawal and were dismissed. The proposal, advocated by Minister of Labor and Employment, Luiz Marinho, was presented during the disclosure of Caged data on November 27, 2025, and could reach 13 million Brazilians.
Release of FGTS Retained by Birthday Withdrawal
The minister explained that the release was not possible in 2025, as the government had already paid R$ 12 billion in March to 12.1 million professionals, and the law prevents repetition in the same year. However, there are conditions to unlock the retained balance in 2026, according to a new analysis that will be discussed with President Luiz Inácio Lula da Silva.
According to Marinho, the total amount could reach R$ 6.5 billion, covering workers who opted for the birthday withdrawal since 2020, the year the modality was created. For those who were dismissed between January 2020 and February 28, 2023, payment has already occurred.
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Rules That Cause Retention of the Balance After Dismissal
The retention of FGTS occurs because the birthday withdrawal prevents the worker from withdrawing the full balance when there is dismissal without just cause. Thus, they receive only the 40% fine, while the balance remains blocked for two years, according to current legislation.
This rule, according to Marinho, created a financial trap. He states that many workers lost access to the fund precisely when they needed liquidity after dismissal.
Changes in the Birthday Withdrawal Rules
In October 2025, the government altered the rules of the loan linked to the birthday withdrawal. The changes, effective since November 1, 2025, were approved by the FGTS Curatorship Council and include:
- Limitation of anticipation to five years, with up to R$ 500 annually.
- Reduction in the number of operations per worker.
- Minimum timeframes between opting in and contracting credit.
- Definition of minimum amounts for anticipation.
The Ministry of Labor and Employment (MTE) estimates that these measures will prevent the outflow of R$ 84.6 billion from the fund until 2030, strengthening the balance of account holders.
Loans Made Between 2020 and 2025
Between 2020 and 2025, the volume of operations linked to the birthday withdrawal reached R$ 236 billion. Today, the FGTS has 42 million active workers, of whom 21.5 million have already opted for the birthday withdrawal. With the inactive ones, the total reaches 29 million.
Marinho highlighted that seven out of ten workers made loans and that the current average is 7.9 anticipations per person. Many use low amounts, such as R$ 100, which demonstrates financial vulnerability and dependence on credit.
Official Criticism of Birthday Withdrawal
The minister emphasized that he tried to revoke the birthday withdrawal in 2023. However, he stated that the Legislative branch did not approve the change. Thus, Marinho explained again that the model harms the worker by restricting access to the fund after dismissal. Additionally, he highlighted that the management released R$ 12 billion at the beginning of 2025 to unblock resources trapped after dismissals.
Technical Justifications Presented by the Government
MTE technicians explain that the birthday withdrawal weakens the social function of the FGTS. Therefore, recent changes aim to reduce credit dependence and expand the fund’s role as emergency protection. According to analyses based on Caged, FGTS, and the Curatorship Council, the modality increased indebtedness and reduced the capacity for immediate redemption in critical situations.
Effects of the New Rules on Financial Behavior
With the implemented changes, workers began to reassess their adherence to the birthday withdrawal. Thus, experts consulted by the MTE claim that the FGTS will regain its original function as a safety reserve and not as a permanent line of credit.
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