Judge Orlando Faccini Neto, responsible for presiding over the jury on the fire at Nightclub Kiss, even ordered the arrest of the four defendants. A habeas corpus granted by the 1st Criminal Chamber of the Court of Justice of Rio Grande do Sul, however, suspended the measure. Now, the collegiate of judges from Rio Grande do Sul should analyze the case.
The habeas corpus was initially given to Elissandro Spohr, Kiko, who was a partner at the club that caught fire in January 2013. Afterwards, it was granted to the other defendants in the judgment – Mauro Londero Hoffmann, another partner of the establishment and the only one who was not at the scene on the night of the fire, Marcelo de Jesus dos Santos, vocalist of the band Gurizada Fandangueira, and Luciano Bonilha Leão, roadie of the musical group. Defendants’ defenses deny responsibility for the dead and wounded.
Appeal to higher instances. The penalty may be annulled, according to the legal provision, if the magistrates understand that the position of the jurors was against evidence of the process. There is still an ongoing discussion at the Federal Supreme Court (STF) on the immediate compliance with the convictions defined by the Jury Court.
“Conviction for eventual intent is unprecedented in Brazil for this type of crime and, from now on, we have a framework so that everyone knows that nightclubs for our young people and places for public gatherings must be safe for people have fun and go back to your homes alive”, highlighted the prosecutor David Medina da Silva, one of those who served on the jury.
Manslaughter is one committed without intention. On the other hand, the intentional one, says the Penal Code, is the one in which it is recognized that the author wanted or took the risk of causing death.
For Fabiano Clementel, professor at the Pontifical Catholic University of Rio Grande do Sul School of Law (PUC-RS), “this brings new jurisprudence regarding similar situations like this, in which a member of a nightclub, for example, ends up being charged with the commission of homicide for eventual intent”.
Also according to the criminalist, the lack of accountability of the government – such as the authorities responsible for inspecting the nightclub – is also a mark of this judgment. According to him, “the message that can be passed on to society, and this the defense tried to do, is that the public power ends up empowering the private sector and interfering with its responsibilities.”
The Kiss Nightclub fire is the second biggest tragedy of its kind in the history of Brazil, after the fire on December 17, 1961 at the Circo Americano, in Niterói, in the metropolitan region of Rio de Janeiro. In this accident, 503 people died, most of them children.
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