Case reached the Court as determined by the STJ; In September 2023, the court upheld jury nullification against the 4 convicted of the fire
Minister Dias Toffoli, from the STF (Supreme Federal Court), will be the rapporteur of the resource against the decision of the STJ (Superior Court of Justice) that maintained the nullification of the jury against the 4 accused of the fire at Nightclub Kiss, in Santa Maria (RS), in 2013. The choice was made for prevention due to the fact of acting in a process that deals with the same topic.
The case reached the Court by order of the vice-president of the STJ, Og Fernandes, on March 24. The MPF (Federal Public Ministry) filed an appeal against the court's decision this year.
In September last year, the STJ decided to maintain the annulment of the Jury Court session that convicted those accused of the fire in December 2021. Here are the overturned convictions:
- Elissandro Callegaro Spohrmember of the nightclub – 22 years and 6 months in prison;
- Mauro Londero Hofmannmember of the nightclub – 19 years and 6 months in prison;
- Marcelo de Jesus dos Santos, lead singer of the band Gurizada Fandangueira – 18 years in prison; It is
- Luciano Bonilha Leãoband assistant – 18 years in prison.
A new jury was scheduled for February, but was suspended by Toffoli's decision. With the Supreme Court's decision, the 4 defendants remain free until a new jury is convened or the STF decides.
JURY NULLATION
By 4 votes to 1, the 6th Panel of the STJ denied the appeal presented by the Public Ministry of the State of Rio Grande do Sul against the decision of the TJ-RS (Court of Justice of Rio Grande do Sul) that determined the annulment of the conviction of the accused for the fire at Kiss Nightclub.
The Court of Justice of Rio Grande do Sul annulled the result due to technical flaws in the selection of the jury. The court recognized the following nullities in the defendants' trial:
- irregularities in the selection of jurors;
- holding a private meeting between judge and jurors;
- illegalities in the preparation of questions; It is
- alleged innovation by the prosecution in the reply phase.
The fire
The fire started around 3 am on January 27, 2013, when vocalist Marcelo de Jesus dos Santos lit a pyrotechnic object inside the club during a performance there.
It left 242 dead and 636 injured – most of them students aged 17 to 30.
The foam on the ceiling was hit by sparks and began to burn. The toxic smoke made people faint within seconds. The place was crowded and had no equipment to fight the fire or sufficient emergency exits. The tragedy led to the promulgation of the law 13,425 of 2017known as the Kiss Law.
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