Questão jurídica principal
Whether the insurer's private surveillance of the insured was lawful and the surveillance records were usable as evidence
Decisão extraída
Yes. In the stated limited public-space context, Articles 43 ATSG and 28 ATSG provide a sufficiently specific legal basis; the interference was justified and the surveillance results were generally admissible.
Fundamentação extraída
The court held that the insurer, acting as a public authority when issuing decisions, may order observations to clarify claims. The measure pursues a public interest in preventing unjustified payments, is limited to relatively minor intrusions in public space, and is proportionate.