STF keeps convictions of the defendants for fire in the Kiss nightclub

by Andrea
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Rapporteur of the case, Minister Dias Toffoli, voted for the rejection of the appeals of the four convicted of the tragedy in Santa Maria (RS

Tomaz Silva/Agência Brasil
The first conviction of the defendants took place in 2021, but in 2022, the Rio Grande do Sul Court of Justice (TJRS) annulled this decision, alleging irregularities in the case

The 2nd class of the Federal Supreme Court () decided, by majority, to maintain the convictions of four individuals involved in the tragic fire in Santa Maria, Rio Grande do Sul. The incident, which took place on January 27, 2013, resulted in the deaths of 242 people and left 636 injured. The rapporteur of the case, Minister Dias Toffoli, stressed that the appeal presented by the four defendants is not adequate, as it aims to rediscuss the cause. Ministers Edson Fachin and Nunes Marques accompanied the vote.

The convicts are Elissandro Callegaro Spohr, partner of the Boate, who received a 22 -year sentence. Mauro Londero Hoffmann, also a partner of the establishment, was sentenced to 19 years and six months. Luciano Bonilha Leão, who worked as an assistant of the band, was responsible for buying the pyrotechnic artifact that caused the fire. It was also he who lit the item and handed over to the band’s singer, Marcelo de Jesus dos Santos. Both received penalties of 18 years. “It is legitimate of them to fight for justice. But I am aware that it was not my act that took the lives of these young people. If I go to take the pain from their parents, I’m ready, condemn myself,” the assistant said in the jury.

The band’s singer states that everyone knew that they used pyrotechnic artifacts in their performances: “Everyone knew, it was never hidden from anyone.” He also claimed that he tried to use a fire extinguisher, but the equipment did not work.

The fire began during a party, when a pyrotechnic artifact fired by the band hit the club’s ceiling, causing the flames. The first conviction of the defendants took place in 2021, but in 2022, the Rio Grande do Sul Court of Justice (TJRS) annulled this decision, alleging irregularities in the case. This annulment was later confirmed by the Superior Court of Justice ().

*Report produced with the aid of AI

Posted by Nátaly Tenório

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