Questão jurídica principal
Whether the refusal of legal aid for the main action was lawful because the claim was hopeless.
Decisão extraída
Yes. The Supreme Court held that the earlier final judgment already decided the asserted liquidation claim, so the new action had little chance of success.
Fundamentação extraída
A final judgment cannot be challenged again outside an appeal. The cantonal court had to respect the res judicata effect of the earlier decision and could not reclassify the relationship differently for the purpose of legal aid. The pending claim was therefore obviously without merit.