Questão jurídica principal
Whether the criminal appeal sufficiently challenged the factual finding that the cyclist was on the bike lane and the resulting conviction for traffic-rule violation.
Decisão extraída
No. The complaint did not meet the strict requirements for an arbitrariness challenge, so the Federal Supreme Court would not review the factual findings.
Fundamentação extraída
The appellant had to show that the finding was manifestly incorrect or arbitrary under Art. 97(1) BGG and Art. 9 BV, and had to do so specifically and with reasons under Art. 106(2) BGG. His assertion that the conviction rested only on speculation was insufficient.