Portuguese Supreme Court holds new issues in appeals are inadmissible and burden of proof lies with the claimant.

The Supreme Court of Justice dismissed the appeal, ruling that appeals cannot establish new legal issues beyond the original decision. The appellant raised a novel exception regarding non-compliance, arguing the burden of proof should shift, while the opposing party maintained the standard allocation of evidentiary responsibility. The court rejected this argument, affirming that procedural rules require the party asserting a new fact to prove it, thereby denying the modification of the lower court's ruling.