Nine years after the fire that killed 242 young people and left more than 600 injured at the Kiss nightclub, in Santa Maria, Rio Grande do Sul, the victims’ families believe that justice has begun to be done. Last December, four people accused by the Public Ministry (MP) of 242 murders and 636 attempted murders for possible intent were sentenced by a popular jury to sentences ranging from 18 to 22 years, to be served in closed regime, initially.
“What we understand is that in this process in which the defendants were responsible for the murders, that was, without a doubt, justice. We believe that justice has been done, but we know that this will be decided in the higher courts later on, because they must appeal. We understand that justice had its beginning, their conviction is a sign of justice”, highlighted the president of the Association of Relatives of Victims and Survivors of the Santa Maria Tragedy (AVTSM), Flávio Silva.
The partners of Boate Kiss, Elissandro Calegaro Spohr and Mauro Londero Hoffmann, were sentenced to 22 years and 6 months, and 19 years and six months, respectively; the lead singer of the band Gurizada Fandangueira, Marcelo de Jesus dos Santos, who lit the pyrotechnic device that caused the fire, was sentenced to 18 years; and the producer of the musical group, Luciano Augusto Bonilha Leão, who also bought the fireworks, 18 years ago.
“There was a victory for society, we didn’t win anything, society did conquer the beginning of the punishment of this type of crime. [A condenação deles] proves that this type of crime is beginning to be punished in Brazil. But we understand that it is only on the basis of a lot of struggle, a lot of effort, that justice happens”, said Flávio, father of Andrielle Righi da Silva, who died in the fire when he was 22 years old.
The four convicts have already started serving their sentences. In the Military Justice, two firefighters were sentenced to imprisonment, but the punishments did not begin to be carried out due to appeals to the Superior Court of Justice (STJ).
Four firefighters had also previously been sentenced by the Common Justice to sentences without imprisonment, due to irregularities in the process of granting the nightclub’s license. “We don’t understand this as a conviction, because their responsibilities are serious, for the crimes they committed. They were sentenced to pay a fine,” Flávio said. According to him, the family members have already appealed to the STJ and are awaiting a new trial.
Tragedy
The fire started in the early hours of Sunday, January 27, 2013, during a performance by the band Gurizada Fandangueira. The event had been organized by students from the agronomy, veterinary medicine, zootechnics, agribusiness technician, food technician and pedagogy courses at the Federal University of Santa Maria (UFSM).
The fire started on the roof of the nightclub, after one of the band members lit a pyrotechnic device on stage. Foam, used to muffle ambient sound, was inappropriate for indoor use. When burning, it produced toxic substances that caused most deaths. The enclosure operated with irregular documentation and was overcrowded.
According to survivors, black smoke engulfed the place in a matter of seconds, preventing people from finding an escape route. Most of the bodies were found in one of the nightclub’s bathrooms, mistaken for the exit.
