Questão jurídica principal
Whether the request to obtain files from another proceeding and introduce new evidence was admissible in cassation.
Decisão extraída
It was inadmissible because the cassation court is bound by the facts found below and new facts or evidence cannot be introduced.
Fundamentação extraída
Under Art. 277bis(1) and Art. 273(1)(b) BStP, the court reviews only the established facts; the requested file production would amount to impermissible new evidence.