Court orders city and state governments of Rio Grande do Sul to compensate survivor of the Kiss nightclub fire.

Rio Grande do Sul 247 - The Rio Grande do Sul court has ruled that the state government and the municipality of Santa Maria must pay R$ 20 in compensation to a survivor of the Kiss nightclub fire, which occurred on January 27, 2013, leaving 242 dead and more than 600 injured. According to lawyer Bianca Ferrigolo, who filed the lawsuit, the conviction of the state and municipality is unprecedented in cases related to the tragedy. A young woman inhaled toxic smoke resulting from the fire in the foam that lined the ceiling of the former nightclub and said she suffered psychological trauma. She hired a professional for therapy.

The nightclub had a capacity of 691 people, but it is suspected that more than 800 were inside the establishment. According to the police, the main factors that contributed to the tragedy were the material used for soundproofing (irregular foam), the use of a flare in an enclosed space, evidence of overcrowding, a single exit, faulty fire extinguishers, and inadequate air ventilation.

Initially, Judge Eloisa Helena de Hernandez exempted the city and state governments from responsibility, ordering the company that managed the nightclub to pay compensation. However, the defense argued that there had been a break in the causal link, meaning there was no direct relationship between the conduct of the public authorities and the tragedy.

The author appealed to the Court of Justice. "The biggest difficulty would be if the responsibility fell solely on the nightclub. Certainly none of them would receive anything. They wouldn't have sufficient assets," said the lawyer. 

The decision was overturned in the Court of Justice. The lawyer tried to increase the compensation, but the judges upheld the R$ 20, with the appropriate monetary correction, which will be divided between the company, the government, and the city hall. An appeal to the Superior Court of Justice (STJ) is still possible.

The lawyer who filed the lawsuit believes that the victory in the Court of Justice sets a precedent for other decisions to be made in the same direction. "This process will end up guiding all the others," she added. Her account was published on G1.

Processes

Criminal proceedings are still underway against eight defendants – four for intentional homicide (when there is intent to kill) and attempted homicide, and the other four for perjury and procedural fraud. In the Military Court, seven firefighters are also facing charges related to the fire. The initial number was eight, but one of them reached a plea bargain and is no longer a defendant.

Among those charged with intentional homicide, in the form of "eventual intent," are the owners of the Kiss nightclub, Elissandro Spohr (Kiko) and Mauro Hoffmann, and two members of the band Gurizada Fandangueira - vocalist Marcelo de Jesus dos Santos and employee Luciano Bonilha Leão. All four were arrested in the days following the fire, but the courts granted them provisional release in May 2013.

Currently, the court is collecting witness testimonies – the prosecution witnesses have been heard, and now the defense witnesses are being heard. The defendants will be the last to speak. 

On December 5, 2014, the Public Prosecutor's Office (MP) indicted 43 people for crimes such as falsifying documents, procedural fraud, and perjury. The indictments were based on a police investigation into the falsification of signatures and other documents in order to allow the nightclub to open with the city hall's approval.