Questão jurídica principal
Whether a charged offense omitted entirely by the first-instance judgment counts as acquitted.
Decisão extraída
If the trial court does not deal with a charge referred to it in the investigating judge’s closing order, the omission is treated as an acquittal.
Fundamentação extraída
The charge, its legal qualification, and the applicable provisions formed part of the referral decision; however, the trial court addressed neither the operative part nor the reasoning, so no formal decision was taken on it. Under established case law, such silence is equivalent to an acquittal.