Eliandra Silva, aged 25, died on the night of July 15, 2023, after being run over by a truck Personal file The Acre Court accepted the appeal presented by Emerson Luiz Moretto's defense and dismissed the charge of intentional homicide in an accident that caused the death of student Eliandra Silva de Lima, aged 25, at kilometer 36 of BR-317, in the municipality of Senador Guiomard, in the interior of Acre. The accident occurred in July 2023. Eliandra died after being run over by a pickup truck. She was born in Sena Madureira and was driving a motorcycle when she was hit by the vehicle. The driver did not provide assistance and fled the scene. ? Join the g1 AC channel on WhatsApp g1 contacted the defendant's defense team who informed that they did not want to comment on the matter. According to the decision of the Criminal Chamber of the Court of Justice of Acre (TJ-AC), the case is no longer submitted to the Jury Court and is now processed in the court competent to analyze the crime of culpable homicide while driving a motor vehicle, as provided for in article 302 of the Brazilian Traffic Code (CTB). How to prevent accidents on the roads? READ MORE: 14-year-old teenager is run over after running onto the track at the Urban Terminal of Rio Branco Elderly man hit by a truck on BR-364 dies after two days in hospital in Rio Branco Teenager run over while riding a bicycle dies after a week in hospital in Acre Also according to the process, Emerson was indicted in relation to the crimes of homicide and intentional bodily injury. Furthermore, the charge relating to article 304 of the CTB must also be examined by the new court responsible for the case. According to the document, the judges understood that, although the materiality of the crime and the signs of authorship are demonstrated, there are not enough technical elements to prove that the driver took the risk of causing the victim's death. “The understanding of the Superior Court of Justice, with regard to homicides committed while driving a motor vehicle, is that, in the pronouncement phase, the magistrate's competence is not limited to the simple verification of materiality and authorship, but it is also up to him to assess the existence of minimal signs of possible intent”, details the vote by the rapporteur of the case, judge Francisco Djalma. The collegiate also highlights that an alcohol test was not carried out to confirm the accused's supposed state of intoxication, in addition to the fact that no technical examination was carried out capable of pointing out excessive speed or invasion of the oncoming lane. The victim's motorcycle was completely destroyed in the crash Archive/PRF-AC According to the decision, there was also no seizure or examination of the objects identified as signs of alcohol consumption. For the rapporteur, the elements used to support the pronunciation were insufficient. "The circumstances of the present case show that, in addition to there being doubt regarding the alleged state of intoxication of the defendant, the arguments invoked to support the accused's pronunciation, embodied in the testimonies of informants and in 'hearsay' reports, combined with the hypotheses of excessive speed, oncoming traffic and poor visibility of the road, which were not technically proven in the case file, are, in fact, particularities that well characterize the guilt", points out the document. The judges highlighted that doubt cannot be used to presume that the defendant assumed the risk of committing the crime (possible intent). According to the decision, when the issue is the defendant's intention, the judge must evaluate the evidence in detail and, if there is doubt between an intentional crime or an accident (culpable), the decision must benefit the defendant. "The principle 'in dubio pro societate' must prevail only in relation to materiality and authorship, and not in relation to the subjective element, on which occasion the single judge must weigh the evidence and circumstances and decide, on a well-founded basis, regarding the hypothesis of disqualification for the culpable form, being certain that, in this analysis, the doubt is resolved in favor of the defendant", records the document. Student of the zootechnics technical course, Eliandra also dreamed of studying agronomy at Ufac Reproduction Remember the case Student Eliandra Silva de Lima was afraid to drive on the highway where she ended up dead, in Senador Guiomard, in the interior of Acre. She was a student on the technical course in Animal Science at the Federal Institute of Acre (Ifac). According to information from the Legal Medical Institute (IML), the cause of death was traumatic brain injury. The victim died at the scene. Eliandra was the youngest daughter of four siblings and the only one who still lived with her mother and stepfather, in Vila Pia, a rural area of ??Senador Guiomard. She was also the one who took care of family members before going to work. Every day, Eliandra traveled 19 kilometers on a motorcycle to get to work on a farm near Vila Caquetá. Review Acre’s news programs