Nightclub Kiss: STJ will judge appeal against jury annulment in June

The Superior Court of Justice (STJ) scheduled for June 13 the judgment of the appeal in which the Public Ministry intends to reinstate the conviction of the accused for the fire at the Kiss nightclub, which occurred in 2013, in Santa Maria (RS), and which left 242 dead. and more than 600 injured. The date was set by the rapporteur of the case, Minister Rogério Schietti. If the appeal is upheld, the accused may return to prison. In August last year, the 1st Criminal Chamber of the Court of Justice of Rio Grande do Sul (TJRS) accepted an appeal filed by the defense of the accused and recognized procedural nullities that occurred during the session of the Jury Court of Porto Alegre, held in December 2021. After the decision, the accused began to respond to the process in freedom, and the Public Ministry of Rio do Grande do Sul (MPRS) appealed the decision. On Monday (15), the Attorney General’s Office (PGR) sent the STJ a favorable opinion on compliance with the convictions. Assistant attorney Raquel Dodge stated that the nullities alleged by the defense should be contested during the jury session. “The defense preferred to remain silent, giving rise to the estoppel, and only raising said nullity after the unfavorable condemnation outcome.” Among the illegalities pointed out by the lawyers is the holding of a private meeting between the judge and the sentencing council, without the presence of the Public Ministry and the defense. In the jury session that was annulled, the former partners of the nightclub Elissandro Callegaro Spohr (22 years and six months in prison) and Mauro Londero Hoffmann (19 years and six months) were sentenced, in addition to 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.

Agência Brasil