STJ judge votes to increase Boate Kiss convictions

A judge at Brazil’s Superior Tribunal de Justiça (STJ) has voted to increase the prison sentences for the four individuals convicted in the 2013 Boate Kiss nightclub fire, which killed 242 people and injured 636.

Relator Nilsoni de Freitas Custódio proposed that business partners Elissandro Callegaro Spohr and Mauro Londero Hoffmann receive 18 years in closed prison. This follows a previous reduction of their sentences to 12 years. For musicians Marcelo de Jesus dos Santos and Luciano Augusto Bonilha Leão, the judge proposed a sentence of 12 years, four months, and 15 days.

The judge argued that the defendants’ management style, characterized by a systematic disregard for safety to maximize profit, warrants higher penalties. Specific violations cited include the use of flammable foam, indoor pyrotechnics, overcrowding, and narrow corridors that obstructed exits. The judge noted that while the assumption of risk constitutes the crime, the specific violation of safety norms constitutes an excess of culpability that justifies harsher sentencing.

The trial was temporarily suspended following a request for a review by Minister Rogerio Schietti Cruz.