Questão jurídica principal
Whether the Federal Court may itself determine the evidentiary result when cantonal courts do not assess proof on relevant allegations.
Decisão extraída
Yes. If cantonal instances do not establish the result of proof on significant allegations but refrain from evaluating the evidence because they regard it as immaterial, the Federal Court may itself determine the facts from the file.
Fundamentação extraída
This situation is equivalent to the one expressly covered by Art. 30(4) of the Federal Judiciary Act, where cantonal courts refuse evidence on relevant facts; in that case the Federal Court is unquestionably entitled to assess the results of the evidence it orders itself, including factually.