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The minister's decision took into account the possibility of the STF reinstating the conviction imposed in the first trial.

From the Editor

 

Minister Dias Toffoli, from the STF, responded to the request of the MP/RS and suspended the new Jury of defendants for the fire at Nightclub Kiss, which was scheduled for the 26th. Toffoli noted that, as the appeal against the decision that annulled the first Jury has already been authorized to be sent to the Supreme Court, there is the possibility of a subsequent decision by the Court reinstating the conviction imposed in the first trial.

 

When judging the defenses' appeal, the TJ/RS annulled the first jury, which had convicted the defendants. The MP/RS then presented an extraordinary appeal to the STF, and the vice-presidency of the Rio Grande do Sul Court considered the requirements for sending the case to the Supreme Court to be met. As it will be up to the Court to have the last word on the constitutional theses presented in the extraordinary appeal, the MP/RS requested the suspension of the new Jury.

 

 

Symbolic act carried out on January 27th on the facade of Nightclub Kiss in Santa Maria. (Image: 

Complexity

 

In his decision, the minister highlighted that the process is highly complex, as it involves the  Kiss case, which resulted in the deaths of 242 people and 636 survivors, "whose development, in itself, brings back bad memories and feelings to the memory of family members and surviving victims".

 

In addition to this singularity, the minister highlighted that, given the high costs, carrying out the procedure that is likely to be annulled by the STF should be avoided.

 

"This scenario allows us to conclude that decisions may be made in diametrically opposite directions, making the process even more time-consuming, traumatic and costly, due to possible incidents", he emphasized.

 

Also according to Toffoli, the aim is to prevent those involved - family members, surviving victims, friends and others) - from being subjected again to procedural acts that "will inevitably bring to mind very traumatic emotional situations".

 

CNJ

 

Toffoli also recalled that when he presided over the STF and the CNJ, the Kiss Nightclub tragedy was included in the National Observatory to speed up and facilitate the transparency of procedural information in socially relevant and complex cases, seeking to promote speedy resolution in the justice system. and the defense of victims.

 

Process: Pet 12.103

 

Information: STF.