Questão jurídica principal
Whether the surveillance results were lawfully obtained and admissible evidence
Decisão extraída
The surveillance was lawful and the video material had to be taken into account.
Fundamentação extraída
Observation was justified by concrete doubts about the claimed incapacity, was proportionate, and did not violate Art. 179quater StGB because the filmed balcony activities were openly visible and lacked a close intimate connection.