The Second Panel of the Supreme Federal Court (STF) forms a majority to uphold the convictions of defendants in the Kiss nightclub fire case.
The court ordered the immediate arrest of those involved.
247 - The Second Panel of the Supreme Federal Court (STF) formed, this Monday (3), a majority to uphold the conviction of four defendants for the fire at the Kiss nightclub, which occurred in Santa Maria (RS), in 2013, reports the g1The decision mandates the immediate arrest of those involved. The ministers were judging appeals from the defense against the order of Minister Dias Toffoli, who had reinstated the sentences and ordered their immediate execution.
The fire in the early morning of January 27, 2013, which resulted in the death of 242 people and left 636 injured, is one of the biggest disasters in Brazil. The tragedy occurred during a concert by the band Gurizada Fandangueira, when the foam on the stage ceiling caught fire, releasing toxic smoke that asphyxiated the victims, mostly young people. The fire caused a national outcry and led to a series of investigations and trials.
The convicted defendants are Elissandro Spohr, who received a sentence of 22 years and 6 months in prison; Mauro Hoffman, with a sentence of 19 years and 6 months; and Marcelo de Jesus dos Santos and Luciano Bonilha, who were sentenced to 18 years in prison.
In August 2022, the Court of Justice of Rio Grande do Sul (TJRS) annulled the original trial, alleging irregularities in the process, such as the selection of jurors and the alleged change in the accusation. However, in September 2024, Minister Toffoli accepted the appeals from the Attorney General's Office and the Public Prosecutor's Office of Rio Grande do Sul, reinstating the sentences.
In reviewing the appeals, Toffoli highlighted that the defense's arguments were not "sufficient to modify the decision." The rapporteur's vote was supported by Ministers Edson Fachin and Gilmar Mendes. Ministers Nunes Marques and André Mendonça have not yet expressed their opinions.
