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Defender commented on the decision of Minister Dias Toffoli that validated the Kiss nightclub jury, annulled by the TJ/RS in August 2022.

From the Editors

 

Tuesday, September 10, 2024

 

Updated at 07:27

 

After years of a seemingly endless legal battle, the recent decision by Minister Dias Toffoli, which validated the Jury that judged those responsible for the Kiss Nightclub tragedy, has reignited the debate about Justice in Brazil.

 

Paulo Carvalho, father of one of the 242 victims of the fire that occurred in Santa Maria/RS, stated that the case has become a symbol of impunity and judicial inefficiency, in which, even with clear evidence, those responsible have not yet been duly punished.

 

We understand that the tragedy, one of the biggest in the world, the 3rd in number of victims in structural (buildable) environments, was the only country in these major tragedies not to hold its perpetrators accountable. Until now.

 

With the recent validation of the Jury, Carvalho stated that Toffoli's decision provides direction for the families' struggle. However, he says he is outraged by the statements of lawyers who consider the case complex.

 

Reading from lawyers that the case is complex is unacceptable. It shows how little they know about the case and how little they understand the significance of emblematic cases. There is no justification for the secondary deaths of family members. This, which should be an example so that other tragedies do not happen, has become a terrible example.

 

Some lose their freedom, others lose their lives, says lawyer for Kiss's family.

Defense of families

 

According to the lawyer for AVTSM - Association of Relatives of Victims and Survivors of the Santa Maria Tragedy, Pedro  Jr. , the decision of the STF minister, which reaffirmed the sovereignty of the 2021 Jury, was received with satisfaction, but without celebration, given the painful context of the case.

 

The decision that came last week in the STF, issued by Minister Dias Toffoli, was well-received by the association. That was our idea: that the trial that took place in Porto Alegre, in 2021, would be maintained. That was always the idea, and that after the maintenance of this Jury, the next steps would follow, which would be the judgment of the appeals.

 

The lawyer explained that the defendants' defense alleged nullities in the process, such as the meeting between the judge and the jurors and issues related to their drawing, but that the STF dismissed these allegations due to preclusion.

 

We understand the defenders, who have the right to protect the guarantees of those defended, but we also understand that, as one of the basic principles of the Jury is the sovereignty of verdicts, we have always believed that it should be maintained.

 

He highlighted that, although the defendants have the right to appeal, the association of victims' families has always believed in the validity of the Jury and the 2021 trial. For the lawyer, the recent decision by the STF puts the process back on track, even though the families suffering continues.

 

The process has always been sad from the beginning. Jury trials are like that, no one wins, everyone loses. Some lose their freedom, others lose their lives, said , reflecting on the challenges faced over the almost 12 years of struggle.

 

According to the lawyer, all parties leave the court harmed.

 

It's very complicated for their family, but also for the association, parents lost their children, siblings lost their siblings, children lost their parents. However, we understand that people can get out of jail, but not from the cemetery.

 

Parallel debates

 

 Jr. made an appeal to the media and society to respect the families' pain, asking that the process not be discussed on social media in an irresponsible manner.

 

Don't hurt the parents anymore. I've been with them, with the association, for almost ten years, and I see how sad it is to lose a child and how sad it is to not be understood or to be judged when you should be protected, to be embraced. So this is what I ask: just respect the parents. You can attack me, attack the lawyer, there's no problem in saying that everything is wrong, but respect them. That's all I ask.

 

For him, the priority now is for the process to come to an end, both for the defendants and their families.

 

We need to resolve this. That's the word now. We need to resolve this. We need to put an end to this process.

 

He also mentioned that the defendants, who are currently in prison, are also awaiting a definition.

 

The defendants also need a definition. There has to be coherence at a time like this.

 

Now, the families await the return of the case to the 1st Criminal Chamber of Porto Alegre for the continuation of the appeals trial and, who knows, a definitive resolution.

 

link: https://www.migalhas.com.br/quentes/414864/da-cadeia-se-sai-do-cemiterio-nao-diz-defensor-das-familias-da-kiss