Toffoli suspends new jury at Boate Kiss scheduled for February

The minister of STF (Supreme Federal Court), Dias Toffoli, suspended on Friday (Feb 9, 2024) the new trial of those accused of the Kiss nightclub fire, which was scheduled for February 26, 2024. Here's the full decision (PDF – 300 kB).

Toffoli accepted an appeal presented by the Public Ministry of Rio Grande do Sul. In the minister's assessment, the new jury could provoke a “procedural turmoil”, as there are still appeals to be judged.

“This scenario allows us to conclude that decisions may be made in diametrically opposite directions, making the process even more time-consuming, traumatic and costly, due to possible incidents”, Toffoli wrote in the decision.

The suspension will remain in effect until the Court judges the extraordinary appeals presented.

Retrial

The date had been set after the STJ (Superior Court of Justice) decided to maintain the annulment of the conviction of 2 members of the nightclub and members of the band Gurizada Fandangueira.

With the decision, the convictions of former club members Elissandro Callegaro Spohr (22 years and 6 months in prison) and Mauro Londero Hoffmann (19 years and 6 months in prison) continued to be annulled, as well as the band's lead singer, Marcelo de Jesus dos Santos , and music producer Luciano Bonilha (both sentenced to 18 years in prison).

At the STJ, lawyers for the 4 accused stated that the jury was full of nullities and defended the maintenance of the decision that annulled the convictions.

Among the illegalities pointed out by the lawyers are the holding of a private meeting between the judge and the sentencing council, without the presence of the Public Prosecutor's Office and the defenses, and the drawing of jurors outside the legal deadline.

Kiss nightclub

The fire at Kiss nightclub happened in 2013, in Santa Maria, Rio Grande do Sul. It caused the death of 242 people and left more than 600 injured.

With information from Brazil Agency.