The President of the Federal Supreme Court (STF), minister Luiz Fux, accepted, this Tuesday (14), the appeal of the public ministry from Rio Grande do Sul (MP-RS) asking for the suspension of preventive habeas corpus to the four defendants convicted in the Kiss trial, on Friday (10). With that, they can be arrested.
“I grant the preliminary injunction, based on §7 of art. 4 of Law 8.437/92, to suspend the effects of the decision rendered in the records of Habeas Corpus No. 70085490795 (0062632-23.2021.8.21.7000), by the First Criminal Chamber of the Court of Justice of the State of Rio Grande do Sul, in order to have the immediate fulfillment of the sentences attributed to the defendants Elissandro Callegaro Spohr, Mauro Londero Hoffmann, Marcelo de Jesus dos Santos and Luciano Augusto Bonilha Leão, by the Jury Court”, decided Fux.
understand the case
Last Friday (10), the partners of kiss club, Elissandro Callegaro Spohr and Mauro Londero Hoffmann, the vocalist of Banda Gurizada Fandangueira, Marcelo de Jesus dos Santos, and the music producer Luciano Bonilha Leão were condemned in the judgment of the tragedy that happened on January 27, 2013, in Santa Maria, in Rio Grande do Sul (RS).
The convictions would be valid from its announcement, despite that, a preventive habeas corpus, granted by Judge Manuel José Martinez Lucas of the Court of Justice of Rio Grande do Sul (TJRS), to one of the defendants prevented the immediate fulfillment of the sentences.
Elissandro Spohr’s defense lawyer, responsible for the preventive habeas corpus request, criticized the MP-RS appeal.
Jader Marques posted a video on social media in which he argues that there is no constitutional matter under discussion and that there is no risk to order and security.
In a statement, Marques commented on Fux’s decision: “The process at the Kiss nightclub is totally void due to illegalities that took place from the drawing of jurors to the course of the trial, passing through the voting and going through to the sentence.
The very serious errors are all registered in the process and will be taken to the Court of Justice in the defense’s appeal. As for Minister Fux’s decision, valid only for the suspension of the injunction, we expect that it will be away next thursday (16), when the merits of the Habeas Corpus will be judged, restoring the defendants’ right to freedom.”
The four accused were sentenced by judge Orlando Faccini Neto, from RS. The feathers looked like this:
- Elissandro Callegaro Spohr (club partner): 22 years and 6 months of confinement
- Mauro Londero Hoffmann (also a partner): 19 years and 6 months of confinement
- Marcelo de Jesus dos Santos (vocalist for the band Gurizada Fandangueira): 18 years of confinement
- Luciano Bonilha Leão (band assistant): 18 years of confinement
Reference: CNN Brasil
