The Kiss Nightclub Fire Criminal Case
The fire at the Kiss nightclub in Santa Maria killed 242 people and injured 636. Four defendants were convicted by a jury of homicide and attempted homicide under eventual-intent findings. The convictions remain valid; the length of the prison terms is still being contested in higher courts.
In the early hours of January 27, 2013, a fire during a performance by the band Gurizada Fandangueira at the Kiss nightclub in Santa Maria became one of Brazil's deadliest peacetime disasters. Official judicial reporting records 242 deaths and 636 injured people. The criminal proceedings that followed examined the responsibility of two nightclub owners and two members of the band.
The four defendants
The criminal case proceeded against nightclub co-owners Elissandro Callegaro Spohr and Mauro Londero Hoffmann, band vocalist Marcelo de Jesus dos Santos, and stage assistant Luciano Augusto Bonilha Leão. Prosecutors alleged that the circumstances supporting the fire risk, use of pyrotechnics and conditions inside the venue justified homicide and attempted-homicide charges under the Brazilian doctrine of dolo eventual, or eventual intent.
This dossier does not treat every regulatory, civil or administrative failure associated with the disaster as a criminal conviction. It focuses on the four defendants whose homicide case reached the jury and subsequent appellate proceedings.
The December 2021 jury
In December 2021, a jury convicted all four defendants. The original prison terms were 22 years and 6 months for Spohr, 19 years and 6 months for Hoffmann, and 18 years each for Marcelo and Luciano.
The verdict did not end the litigation. The Rio Grande do Sul Court of Justice later annulled the jury on procedural grounds, and that annulment was maintained by the Superior Court of Justice in 2023. The prosecution then took the validity question to the Federal Supreme Court.
STF restores the convictions
On September 2, 2024, Supreme Federal Court Justice Dias Toffoli restored the jury convictions and ordered the defendants' imprisonment. On February 3, 2025, the STF's Second Panel maintained that result by majority vote. In April 2025, the panel rejected further clarification motions from three defendants.
Those rulings are why this archive classifies the case as Solved / Adjudicated as to criminal responsibility. The later appellate activity concerns, in significant part, sentence calculation rather than a fresh jury determination of guilt.
2025 sentence reductions
On August 26, 2025, the First Special Criminal Chamber of the Rio Grande do Sul Court of Justice maintained the validity of the 2021 jury but partially granted defense arguments concerning punishment. The court reduced the prison terms to 12 years for Spohr, 12 years for Hoffmann, 11 years for Marcelo, and 11 years for Luciano.
Those reduced terms are the controlling appellate penalties described in this dossier as of the latest review. They do not erase the convictions.
The sentence dispute remains active in 2026
The Ministério Público do Rio Grande do Sul challenged the reductions and seeks restoration of the longer terms originally imposed after the jury verdict. Current reporting states that the Superior Court of Justice's Sixth Panel scheduled the prosecution's special appeal for September 15, 2026.
That date is still in the future relative to this file's review. Crime by Region therefore does not predict the outcome. The accurate status is: the convictions remain valid, while the final sentence lengths remain under appellate review.
Why this is one case file
The 242 deaths and hundreds of injuries arose from one fire, one central criminal investigation and a consolidated jury prosecution. Creating separate pages for individual victims or defendants would fragment one event and artificially inflate the country's case count. The victims are treated collectively here with respect for the scale of the loss.
Timeline
- Kiss nightclub fire
The fire in Santa Maria kills 242 people and injures 636 according to STF reporting.
- Four defendants convicted
A jury convicts Spohr, Hoffmann, Marcelo and Luciano of homicide and attempted homicide under eventual-intent findings.
- Jury annulled on appeal
The state appellate court annuls the jury and the STJ later maintains that decision, sending the validity dispute toward the STF.
- STF restores convictions
Justice Dias Toffoli reinstates the jury result and orders imprisonment.
- STF panels maintain the jury result
The Second Panel upholds the restored convictions and later rejects clarification motions.
- TJRS reduces sentences
The jury remains valid, but the penalties are reduced to 12, 12, 11 and 11 years.
- STJ hearing scheduled
The prosecution's appeal seeking longer sentences is scheduled for review; no outcome is assumed in advance.
Current status
Solved / Adjudicated — sentence appeal pending. The criminal responsibility findings against all four defendants remain valid. As of September 3, 2026, the active higher-court dispute concerns the reduced prison terms, with a STJ session scheduled for September 15.
The archive distinguishes between guilt and sentence length. A pending appeal over punishment is not described as an acquittal, and the future STJ hearing is not presented as if it has already occurred.
Sources and further reading
- Supremo Tribunal Federal — Second Panel maintains the Kiss jury convictions, February 4, 2025
- Supremo Tribunal Federal — clarification motions rejected, April 14, 2025
- Superior Tribunal de Justiça — procedural history of the jury annulment dispute, March 19, 2024
- Ministério Público do Rio Grande do Sul — TJRS keeps jury valid and reduces sentences, August 26, 2025
- Diário de Santa Maria — STJ sentence appeal scheduled for September 15, 2026
Last reviewed: September 3, 2026