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Understand how the Kiss nightclub case will be judged

The trial of four defendants denounced by the Public Ministry of the State of Rio Grande do Sul (MP‑RS) to Justice in the case of the fire at Porto Alegre is scheduled to start at 9 am this Wednesday (1). Kiss nightclub, which took place in January 2013 in Santa Maria (RS).

The trial begins with the drawing of seven jurors. The presiding judge of the case, who must deliver the sentence, is Orlando Faccini Neto, head of the 2nd Court of the 1st Jury of the District of Porto Alegre. At 1:00 pm, Faccini is to begin the examination of witnesses.

The tragedy left 242 dead and 636 injured and resulted in a process of nearly 20,000 pages. All the accused are liable for simple murder, with eventual intent (when the subject knows he can cause death and assumes that risk, regardless of what may happen), and attempted murder.

After nearly nine years of tragedy and the indictment of 28 people during the investigation, the Jury will now decide the fate of two partners at the nightclub, Elissandro Callegaro Spohr and Mauro Londero Hoffmann; musician Marcelo de Jesus dos Santos and cultural producer Luciano Bonilha Leão, both members of the Gurizada Fandangueira band.

The testimonies of 14 victims appointed by the Public Ministry, the assistants of the prosecution and the defense of Elissandro Callegaro Spohr will be heard over the next few days of the trial.

Another twenty people were listed as witnesses for the prosecution and defense. The defendants will then be questioned and may remain silent.

The rite then continues with the debates between prosecution and defense, who will present their theses and arguments to the jurors. The total time in this phase, for exposition of the parts, replica and rejoinder, will be nine hours.

It is estimated that the Jury will last up to 15 calendar days, without interruption on weekends. The sessions will be divided into three shifts, starting at 9 am.

There will be breaks for meals and for the jurors to rest, with times determined by the judge in agreement with the Public Ministry and the defendants’ lawyers.

large event

Long before the start of the trial, the Jury Court in the Kiss nightclub case had already gained proportions worthy of major events. Around 200 civil servants from 20 sectors of the Rio Grande do Sul Court of Justice (TJRS) are involved in the organization, logistics, security, communication and transport of witnesses and jurors, who must remain isolated for different periods of time.

“A jury that is so symbolic for all the circumstances surrounding it requires a great deal of mobilization and we are ready to make sure everything goes smoothly”, says judge Antonio Vinicius Amaro da Silveira, president of the TJ-RS Communication Council.

In February 2020, when the transfer of the judgment from Santa Maria to Porto Alegre was determined, the so-called “examination”, the logistical work began.

The space that will be used in the Forum has undergone recent revitalization reforms and was scaled for criminal actions like this one. The plenary was 350 square meters, divided into a stage (where the judge, the staff, court officials, jurors, representatives of the prosecution and their assistants, defendants and defense lawyers) and audience, where the victims’ relatives and defendants, press and authorities.

“If the organization of a popular jury is complex by nature, it became even more challenging in the midst of the pandemic”, says Amaro da Silveira. The plenary will receive up to 120 people and a vaccination passport will be required to access the site. If any of those present present symptoms compatible with those of Covid-19, a PCR test will be performed to detect the virus.

Four auditoriums of the Foro Central will also be open to the public, with big screens that will show the judgment. The transmission will be simultaneous via the Court’s YouTube channel (tjrsnoticias) and via Twitter (@tjrsaovivo). On Instagram (@tjrsoficial) and Facebook (tjrsnoticias), audio and video bulletins will be posted.

Reference: CNN Brasil

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