A inadequação da dupla penalidade ao trabalhador demitido por justa causa consistente na impossibilidade de movimentação do FGTS

Abstract

This research also seeks to explain under the aegis of the social function of the FGTS and the legal nature of the institute, such as the momentary impossibility of the withdrawal of the Guarantee Fund, in case of contractual resolution for just cause, entails a new penalty suffered by the employee. Thus, in addressing the aforementioned social malaise generated by the non-immediate movement of the FGTS, the present research demonstrates its lack of agreement on the incorrect attitude of the legislator in delimiting the delivery of a value that is inherent to the employee, conditioning him to misery and lack of opportunity. In this sense, in order to make research feasible as a verifiable instrument of science production, the precepts referring to the research methodology will be used. Therefore, the dialectical method is used to justify the possible improvement related to the law governing the Guarantee Fund.