Kiss Nightclub Fire: Toffoli Validates Jury’s Decision and Orders Convicts to Be Arrested

Minister Dias Toffoli, of the Federal Supreme Court (STF), reestablished the validity of the Kiss nightclub trial and ordered the arrest of the four defendants convicted of the fire that left 242 dead in 2013.

The decision responded to a joint request from the Public Prosecutor’s Office of Rio Grande do Sul and the Federal Public Prosecutor’s Office.

“This is a sad chapter in the judicial history of Rio Grande do Sul that is coming to an end. Nullities that were created and planted were removed. The thesis of the sovereignty of the Jury Court was ratified by the Federal Supreme Court”, says the State Attorney General Alexandre Saltz.

The defendants were brought before a jury and sentenced to up to 22 years and six months in prison. The Court of Justice of Rio Grande do Sul annulled the decision because it considered that there were procedural and formal irregularities that harmed the defense in four moments:

– Formation of the list and drawing of jurors, because the defense did not have enough time to study the profiles and eventually request the replacement of those drawn;

– Formulation of questions (questions to which the jurors answer ‘yes’ or ‘no’), because facts were addressed that had already been disregarded by the judge responsible in the decision that accepted the complaint;

– Private meeting between the judge who presided over the trial and the jurors, which in the assessment of the Rio Grande do Sul Court could give the magistrate room to influence the jury’s decision;

– Argument of the Public Prosecutor’s Office, because the prosecution would have ‘innovated’ in the arguments, catching the defense off guard.

The Superior Court of Justice (STJ) maintained its position and ordered a new trial. The Public Prosecutor’s Office then appealed to the STF.

The Kiss nightclub fire occurred on January 27, 2013. There were 242 deaths and 636 injured. The trial took place between December 1 and 10, 2021 in Porto Alegre. The defendants were convicted of murder with eventual intent.

Remember who was convicted and their sentences:

– Elissandro Callegaro Spohr, nightclub partner: 22 years and six months in prison;

– Mauro Londero Hoffmann, nightclub partner: 19 years and six months in prison;

– Marcelo de Jesus dos Santos, lead singer of the band: 18 years in prison;

– Luciano Bonilha Leão, band assistant: 18 years in prison.

See the notes released by the defendants’ defenses after Toffoli’s decision:

DEFENSE OF MAURO LONDERO HOFFMANN

“We received the information, but unfortunately, the decision was processed confidentially and silently. We had a meeting scheduled with the Minister’s advisors for next week, and we were taken by surprise by a decision whose content we do not yet know. We regret that the Supreme Court is setting this example of an undemocratic judgment, especially when the constitutionality of the matter is yet to be decided collegially. Otherwise, the decision will be fully complied with and discussed in the appropriate spheres.”

DEFENSE OF MARCELO DE JESUS ​​DOS SANTOS

“Regarding the Kiss Nightclub case, Marcelo de Jesus dos Santos’ defense team reports that it received news of the arrest and regrets that the decision was made confidentially to the defense, in a silent move. We had a meeting scheduled with the advisory team of the Minister of the Federal Supreme Court (STF), José Antonio Dias Toffoli, for next week when, today, we were taken by surprise by a decision whose content we do not yet know. We regret that the STF is setting this example of an antidemocratic judgment, especially when the constitutionality of the issue is yet to be decided collegially. Furthermore, the decision will be fully complied with and discussed in the appropriate spheres.”

DEFENSE OF LUCIANO BONILHA LEAO

“All defenses were taken by surprise by this decision. We will still analyze the next steps, regarding appeals. We are very sad about Luciano’s arrest. Luciano was morally acquitted and unfortunately, at this moment, he is returning to prison unjustly. So we will remain calm and take the appropriate legal measures as quickly as possible.”