Questão jurídica principal
Whether the refusal to hear the accused and to order a site inspection violated the right to be heard or was arbitrary.
Decisão extraída
The refusal was not arbitrary and did not breach the right to be heard because the file already contained sufficient evidence to decide the case.
Fundamentação extraída
The accused had commented on the incident, the court had a CD recording and interrogation records, and his own statements showed he entered the crossing while the train was approaching after the signals had been activated.