Former Grathians, singer and music producer try to reverse STF’s decision that maintained sentences that determine penalties from 18 to 22 years in prison
The Supreme Court Minister Dias Toffoli voted on Friday (4.br.2025) to deny the appeals of 4 convicted of the Kiss nightclub in Santa Maria (RS), in 2013. They are former partner of the nightclub, Elissandro Spohr and Mauro Hoffman, the singer of the band Gurizada Fandangueira, Marcelo de Jesus, and Luciano producer Bonilha.
The defendants’ defenses try to reverse the of the Supreme Court that maintained the conviction of the accused, contrary to the judgment of the STJ (Superior Court of Justice). The Court had annulled sentences ranging from 18 to 22 years prison for considering “Technical Failures” in the realization of the jury.
According to the minister, the defenses are trying “Provoke the rediscussion of the cause”using the wrong appeal to the end, the declaration embargoes. The feature is used to contest “Omission or contradiction” in the sentence. This is the vote (PDF – 95 kb).
“The embargoed judgment proves to be quite in itself, since it has not incurred the omission, contradiction or obscurity, the judging body, reasonably, decided within the limits necessary to the dispute of the controversy.”said Toffoli.
The judgment of appeals is in virtual session of the 2nd class of the Supreme Court. It began this Friday (4.abr) and runs until Friday (11.abr). The collegiate president, Edson Fachin, and ministers Gilmar Mendes, Nunes Marques and André Mendonça.
How the trial arrived at the Supreme Court
The case arrived at the Court by determination of the Vice-President of the STJ, Og Fernandes, on March 24, 2024. The MPF (Federal Prosecutor) presented against the Court’s decision of Rio Grande do Sul, which annulled the judgment of the case in August 2022.
In September 2024, Dias Toffoli, chosen Of the case, he decided to maintain the conviction of the 4 defendants, determining that the State Court of Justice proceed with the judgment of the issues of merit, as well as the immediate arrest of the convicts.
Jury annulment
In September 2023, the STJ of the Jury Court session that condemned, in December 2021, those accused by the fire. Here’s the annulled convictions:
- Elissandro Callegaro Spohrnightclub partner – 22 years and 6 months in prison;
- Mauro Londero Hofmannnightclub partner – 19 years and 6 months in prison;
- MARCELO DE JESUS DOS SANTOSvocalist of the band Gurizada Fandangueira – 18 years in prison; and
- Luciano Bonilha Leãoband assistant – 18 years in prison.
With the decision of Toffoli and the STF, these convictions were valid again. A new jury was scheduled for February, but it was . The 4 defendants were free until a new jury or decision of the Supreme Court.
The Rio Grande do Sul Court of Justice had annulled the result due to technical failures in the jury. The agency recognized the following nullities in the judgment of the defendants:
- irregularities in the choice of jurors;
- holding a private meeting between judge and jurors;
- illegalities in the elaboration of the questions; and
- supposed innovation of the accusation in the replica phase.
The fire
The fire began around 3 am on January 27, 2013, when vocalist Marcelo de Jesus dos Santos lit a pyrotechnic object inside the nightclub during a presentation on site. The fire left 242 dead and 636 injured – mostly students from 17 to 30 years old.
The ceiling foam was hit by sparks and began to burn. Toxic smoke made people faint in seconds. The site was packed and had no equipment to combat the fire or emergency exits. The tragedy motivated the promulgation of known as Kiss Law.
