Questão jurídica principal
Whether the refusal of social welfare based on alleged stable concubinage was arbitrary under Art. 9 BV
Decisão extraída
The finding that the applicant had lived in a stable concubinage for more than two years was unsupported by the file and therefore arbitrary.
Fundamentação extraída
The record showed at most that the couple had shared a household since March 2002. The authorities had assumed stability without proper investigation, so the factual basis for denying assistance was defective.