STF: Minister Luiz Fux orders the arrest of convicts in the Kiss Nightclub case

Defendants benefited from preventive habeas corpus

Published in 14/12/2021 - 18:54 By André Richter - Repórter da Agência Brasil - Brasília

The president of the Federal Supreme Court (STF), Luiz Fux, ordered today (14) the arrest of the four people convicted of the fire at the Kiss Club, which occurred in 2013, in Santa Maria (RS). In the tragedy, 242 people died and 636 were injured.

The defendants were sentenced by the Jury of Porto Alegre last week, but were granted preventive habeas corpus granted by a judge of the State Court of Justice.

The case involves Elissandro Callegaro Spohr, a former partner at the club; Mauro Londero Hoffmann, also a former partner; Marcelo de Jesus dos Santos, vocalist of the band, and Luciano Bonilha Leão, music producer.

After the decision, the Public Ministry appealed to the Supreme Court and defended the immediate arrest of the accused. Upon analyzing the case, Fux understood that the sentences must be served immediately depending on the sovereign decision of the jury.

"By preventing the immediate execution of the penalty imposed by the Jury, contrary to the law and jurisprudence, the contested decision undermines the population's confidence in the credibility of public institutions, as well as the necessary collective sense of compliance with the law and social order ”, the president decided.

Elissandro Spohr was sentenced to 22 years and six months in prison and Mauro Hoffmann, 19 years and six months. Marcelo de Jesus and Luciano Bonilh were sentenced to 18 years. All were accused by the Public Ministry (MP) of 242 homicides and 636 attempted homicides for possible intent.

The fire took place on January 27, 2013, when one of the members of the band Gurizada Fandangueira fired a pyrotechnic device, hitting the indoor roof of the club and setting off the fire. Most of the victims were young and died after inhaling toxic smoke, unable to leave the club through the only open emergency door.

Text translated using artificial intelligence.

Edition: Juliana Andrade

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