To this respect, the Brazilian jurisprudence if has revealed of determinative form, where the magistrates have demonstrated to preparation and sensitivity in the guardianship to the basic rights of workers, restraining, of this form, practical perverse and abusive, as mentioned. ‘ ‘ The Regional court of the Work of the Rio Grande of the North, condemned the Drink Company of Americas (AMBEV), in public civil action promoted by the Ministry of the Work, in reason of practical of abusive, caracterizadoras motivacionais measures of the moral siege. The company was condemned in 28 of August of 2006 to the payment of R$ 1 million for pain and suffering its workers. … in files of legal documents was proven that the company river-grandense divided its salesmen in teams, stipulated goals and promoted, in the monthly meetings, the distribution of prizes in money to the winning team and of ‘ ‘ you arrest to integrant of the losing team … case AMBEV is paradigmtico.
The company, of national transport, registers abusive behaviors directed its salesmen, in some states of the federacy, although to count on a Code of Ethics and called a proper sector for claims ‘ ‘ sector people and gesto’ ‘ ‘ ‘ (ARAJO, 2006, p.1 apud STADLER, 2009, p.86). It perceives, therefore, that the jurisprudence has each time more opened preceding that endorses the existing positive law allowing, also, pecuniary repairing. One notices that in the current legal conception, the forcene worker morally is reached in the right of the personality, in its auto-esteem, in its image, corroding principles and values that guide the subjective dimension of the human being. Therefore it is of utmost importance to not only fight, but primordially to prevent the moral siege in the work. On the basis of this perspective of prevention becomes basic to establish strategies, in which the RH manager possesss a preponderant paper.