Questão jurídica principal
Whether the appellant's right to be heard was violated in the curator appointment procedure
Decisão extraída
Yes. The appellant had no opportunity to comment before the first-instance authority, and the violation was not cured on appeal because he had no effective access to the file before the cantonal decision.
Fundamentação extraída
The right to be heard includes access to the file and the opportunity to comment before the decision. The appellate court's full cognition does not automatically cure a manifest violation when the person had no real chance to consult the file and the appeal was decided very quickly.