09/02/2024 – 21:41
The minister of the Federal Supreme Court (STF), Dias Toffoli, suspended this Friday (9) the new trial of those accused of the fire at the Kiss nightclub, which was scheduled for February 26, 2024.
Dias Toffoli accepted the appeal presented by the Public Ministry of Rio Grande do Sul. For the minister, the new jury could cause “procedural turmoil”, as there are still appeals to be judged.
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“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”, wrote the minister, in the decision.
The suspension will remain in effect until the Supreme Court judges the extraordinary appeals presented.
Retrial
The date had been set after the Superior Court of Justice (STJ) maintain the annulment of the conviction two members of the club and members of the band Gurizada Fandangueira.
With the decision, the convictions of former club members Elissandro Callegaro Spohr (22 years and six months in prison) and Mauro Londero Hoffmann (19 years and six months) continued to be annulled, as well as the lead singer of the band Gurizada Fandangueira, Marcelo de Jesus dos Santos, and music producer Luciano Bonilha. Both were sentenced to 18 years in prison.
At the STJ, lawyers for the four defendants 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 occurred in 2013, in Santa Maria, Rio Grande do Sul, causing the death of 242 people and leaving more than 600 injured.
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