yes..
Page 70
...(cf. Jónatas Machado, Freedom of Expression - Constitutional Dimensions, op. cit. pp. 566-7)
And let not be said, too, that the appellants were cleared by the order of filing the criminal proceedings.
In fact, that dispatch was not proclaimed by virtue of the Public Ministry having gained the conviction that the appellants had not committed any crime (cf. art. 277° of the CPP).
The filing, in this case, was decided because it was not possible for Public Ministry to obtain sufficient evidence of the practice of crimes by the appellants (cf. the cited art. 277°-2)
There is, therefore, a remarkable difference, and not merely a semantic one, between the legally admissible grounds of the filing order.
Thus, it does not appear acceptable to consider that the alluded dispatch, based on the insufficiency of evidence, should be treated as evidence of innocence.
it absolutely IS evidence of innocence....but not proof
For accuracy then, the judges did not say;
"there is no evidence of innocence"
they said;
"the alluded dispatch".....couldn't "be treated as evidence of innocence"
Quite a difference in the two, isn't there?