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 the Court of Justice of Rio Grande do Sul (TJRS), to one of the defendants prevents the immediate fulfillment of the sentences.
The case may have a twist, as the Public Ministry of Rio Grande do Sul filed an appeal asking for the immediate suspension of habeas corpus — which benefited the four convicted of the fire at the Kiss Nightclub — in the Federal Supreme Courtl (STF).
The petition documents are already concluded for the presidency, that is, available to Minister Luis Fux for decision.
In the text, the Attorney of Justice of RS justifies the direct appeal to the Supreme Court, and not to the State Court of Justice, which would analyze the request next Thursday (16), under the argument that the preliminary injunction in habeas corpus , which prevented the immediate execution of the conviction, alleges that “the Superior Court of Justice has not admitted such a measure, as well as for the preservation of the principle of the presumption of innocence, as well as the fact that the defendants responded to the process, without intercurrences” and because it is a constitutional matter.
Elissandro Spohr’s defense attorney — who received habeas corpus — published a video on social media criticizing the measure taken by the MP to go straight to the Superior Court.
He defends that there is no constitutional matter under discussion and that there is no risk to order and security.
He believes that, after appeals, the sentence will certainly be reduced, even to a level below 15 years, which allows for the execution of the prison after the conviction in the first instance.
A CNN contacted the MP-RS to request information about the entry with an appeal in the STF against an injunction that frees the convicts in the Kiss jury.
In note, the public ministry he said he was working to enforce the decision of the judge who ordered the arrest, following the law. As soon as there is a new court decision, the MP will inform.
The sentences of the accused were 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
*With information from Marcio Tumen Pinheiro
Reference: CNN Brasil
