Exactly ten years ago, there was a fire at the Kiss nightclub, in the city of Santa Maria, in Rio Grande do Sul. Between 1,000 and 1,500 people were at the nightclub, according to the Military Police (PM), at a party organized by students from six courses at the local Federal University. The capacity of the space was 691 people.
That night, the band Gurizada Fandagueira performed. In the middle of the show, the vocalist lit a flare made for outdoor use. Sparks hit the ceiling, igniting the soundproofing foam, which had no fire protection.
In addition to the fire that spread, large amounts of toxic smoke spread through the nightclub.
There was no communication between the security guards on the stage and those in the exit area, who prohibited the passage through the only door of the club because they thought it was about a fight or young people who wanted to leave without paying. Many people have also confused the bathroom door with the emergency door.
One of the security guards revealed that, in more than a year working at the nightclub, he had not received fire training and that there were no emergency exits.
As a result of the fire, 242 people, mostly university students, died and over 600 were injured.
search for justice
A day after the event, on January 28, 2013, the temporary arrest of the club’s partners, Elissandro Callegaro Spohr and Mauro Londero Hoffmann, and members of the band Gurizada Fandangueira Luciano Augusto Bonilha Leão and Marcelo de Jesus dos Santos was decreed.
A few days after the fire, the Attorney General of Justice issued a recommendation to all prosecutors in Rio Grande do Sul to demand that “state and municipal bodies immediately supervise establishments and events, public and private, of any nature, where there is a crowd of people”.
A month later, the Attorney General received from the Association of Relatives of Victims and Survivors of the Tragedy of Santa Maria (AVTSM) a petition with more than 28 thousand signatures asking for support from the Public Ministry in the search for Justice.
In May 2013, the 1st Criminal Chamber of the Court of Justice of Rio Grande do Sul (TJ-RS) revoked the preventive detention of the four accused unanimously, who began to respond to the process in freedom.
On June 18, 2019, after years of forwarding the case, which also resulted in the filing of lawsuits against public entities, the 6th panel of the Superior Court of Justice (STJ) decided that the four defendants – the two partners and the two members of the band– were the popular jury.
The trial itself only started on December 1, 2021, ending on the 10th of the same month, with convictions for possible fraud.
The penalties were established as follows:
- Elissandro Callegaro Spohr: 22 years and 6 months in prison
- Mauro Londero Hoffmann: 19 years and 6 months in prison
- Marcelo de Jesus dos Santos: 18 years in prison
- Luciano Bonilha Leão: 18 years in prison
Impunity: Justice annuls the judgment
However, eight months after the convictions, the judgment was annulled by the 1st Criminal Chamber of the TJ-RS, freeing the four defendants.
Their defense asked for a resizing of the penalties, alleging nullities in the process and in the ceremony, in addition to considering that the decision did not correspond to the evidence raised.
The magistrates accepted the understanding that, among other points, the drawings of the jurors did not take place within the period established by law. The decision of the judges also considered that the defenses were unable to access the list of jurors in advance.
Member of the association of family members, Paulo Carvalho criticized the decision of Justice. According to him, “annulment was based on procedural details and that there is nothing, nothing that would affect the judgment”.
He is the father of Rafael Nunes de Carvalho, who was 32 years old and died in the fire.
Gustavo Sampaio, professor of Constitutional Law at UFF, explains that the annulment does not discuss “the merits of the decision, but the due criminal procedure”.
“The nullity happens when the sentence was made in a way that impacts the rite of the process. This depends from case to case. As for the procedural rules, they are provided for in the law. If there is a violation, it may be void. This does not mean that the jury does not have the power to convict, but that it should review the decision”, says Sampaio.
According to Ribeiro, in the event that these instances reject a request from the MP — the Federal Supreme Court (STF) or the Supreme Court of Justice (STJ), the process would continue as it is now: a new jury would be scheduled.
If they accept the request, that is, maintaining the prisons, the defense of the convicts could still appeal.
tributes
Since Wednesday (25), a series of tributes has been carried out by AVTSM together with other organizations and with the support of the city hall.
“The actions carried out are intended to preserve the memory of those who left and build a safe future for those who stayed here”, points out the AVTSM. The intervention was named “January 27: rescuing memory is building the future”.
On this 27th, the tenth anniversary of the tragedy, there will be an ecumenical service at 10 am in Saldanha Marinho square. There too, at 13:45, there will be a release of balloons.
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
