Kiss nightclub: STJ increases sentences for two businessmen convicted of the tragedy that killed 242 people

The Sixth Panel of the STJ increased this Tuesday (10) the sentences of 2 businessmen convicted of the Kiss Nightclub tragedy. Both will serve their sentences in a closed regime.

Businessman Elissandro Callegaro Spohr received a sentence of 14 years and 4 months. Mauro Londero Hoffmann was sentenced to 13 years and 2 months in prison.

The fire occurred on January 27, 2013, in Santa Maria (RS). The accident caused the death of 242 people and left 636 injured.

Spohr's defense considered the partial acceptance of his theses to be relevant. Hoffmann's defense disagreed with the increase in penalties applied.

The STJ ministers reestablished the defendants' guilt when analyzing the Public Prosecutor's appeal. The decision does not change the punishments of the other 2 convicts.

The 6th Panel of the Superior Court of Justice (STJ) decided to increase the sentences of two of the four convicted of the Kiss nightclub tragedy, in Santa Maria.

The decision was concluded this Tuesday (10) and partially changes the understanding previously adopted by the Court of Justice of Rio Grande do Sul (TJRS).

With the new definition, businessman Elissandro Callegaro Spohr was sentenced to 14 years and four months in prison. Mauro Londero Hoffmann's sentence was set at 13 years and two months in prison. Both must initially serve their sentences in a closed regime.

The fire at Kiss nightclub happened on January 27, 2013, in Santa Maria (RS), and left 242 people dead and another 636 injured.

In a note, Spohr's lawyer informs that he "receives the votes cast in the Superior Court of Justice and considers it relevant to partially accept the theses presented on the legal limits of sentencing."

Hoffmann's defense says that "it does not agree with the increase in the sentence and saw no reason for it, and the original sentence should have been maintained, if the conviction had also been maintained". Read the notes in full below.

In a second instance trial, the TJRS had reduced the sentences of the two businessmen to 12 years in prison. At the time, the state court had removed four of the five judicial circumstances considered in the first-degree sentence, keeping only the one related to the consequences of the crime.

When partially analyzing an appeal presented by the Public Ministry of Rio Grande do Sul (MPRS), the 6th Panel of the STJ understood that one of these circumstances should be reestablished. The ministers once again recognized the culpability of the businessmen, considering there to be a greater degree of disapproval of the conduct attributed to them.

The board also partially accepted an appeal presented by Elissandro Spohr, with effects extended to Mauro Hoffmann. The ministers assessed that the TJRS attributed excessive weight to the only judicial circumstance maintained when recalculating the penalties.

According to the decision, the increase applied by the Rio Grande do Sul court for this circumstance was higher than that originally adopted by the first degree sentence. Therefore, the STJ decided to resume the same proportion used in the initial conviction for the two circumstances considered valid: culpability and consequences of the crime.

The decision does not change the sentences set by the TJRS for the other two convicted in the case, Marcelo de Jesus dos Santos and Luciano Augusto Bonilha Leão.

Most of the victims of the fire at Kiss Nightclub died from asphyxiation after inhaling the toxic smoke generated when the fire reached the foam that covered the roof of the stage, where the musicians' band was performing. A pyrotechnic device used by one of the band members would have started the fire.

Hundreds of people became desperate and started running in search of a way out.

According to firefighters who first responded to the incident, many victims tried to escape through the establishment's bathroom and ended up dying.

"The defense of Elissandro Callegaro Spohr welcomes the votes cast in the Superior Court of Justice and considers it relevant to partially accept the arguments presented regarding the legal limits of sentencing.

Our demonstration is, above all, respectful of the memory of the victims, survivors and families affected by the Santa Maria tragedy. We are aware of the human dimension of this process and the suffering that remains in the lives of so many people.

Respect for this pain and a commitment to a fair trial must go hand in hand. Criminal liability must be examined individually, based on the evidence and observance of guarantees that ensure the correct application of the law for everyone.

We will continue to defend Elissandro with firmness, seriousness and responsibility, maintaining respect for the people affected by the tragedy and our commitment to legality.

Jader Marques

Lawyer for Elissandro Callegaro Spohr"

"The STJ's decision followed a level of proportionality between the conduct. The defense did not agree with the increase in the sentence and saw no reason for it, and the original sentence would have been maintained if the conviction had also been maintained. This is because there was also an appeal by the defense to annul the trial. Therefore, he will evaluate, together with Mauro, any possible appeal against this decision.

Mario Cipriani"