Questão jurídica principal
Whether the appellate court violated the presumption of innocence and arbitrariness prohibition in assessing the evidence and affirming the conviction for threats and insult.
Decisão extraída
No. The Federal Court held that the appellate court did not shift the burden of proof and that its assessment of the evidence did not leave obvious, serious doubts as to guilt.
Fundamentação extraída
The conviction was based on an evidentiary chain, not on a failure to prove innocence. The appellate court could rely on the complainant's testimony, corroborating circumstances, and the applicant's demonstrated ability to communicate by phone and in German, and its credibility assessments were not arbitrary.