Protection of the rights of indigenous peoples to their territory: Analysis of the Inter-American Court of Human Rights ruling “Xucuru Indigenous People and their members vs. Brazil"

ANÁLISE DA SENTENÇA CORTE INTERAMERICANA DE DIREITOS HUMANOS “POVO INDÍGENA XUCURU E SEUS MEMBROS VS. BRASIL”

Abstract

The increasing violations of the rights of indigenous peoples have had a drastic increase despite the numerous laws, norms and decrees aimed at protecting this group. It so happens that although there is a growing sensitivity to support indigenous peoples in international society, due to the criterion of subsidiarity in the performance of human rights protection systems, there is a difficulty in implementing protection mechanisms. This difficulty ends up increasing when the decision rendered by the systems depends on implementation by the violating State itself. The current scenario adds importance to the review and understanding of internal legislation. Therefore, it is imperative to analyze the rights of indigenous peoples who seek the demarcation of their lands, usurped since the invasion of the lands that currently correspond to Brazilian territory in 1500. This is because, even today, even having support in the international and national legal system, access to their rights is still difficult, as demonstrated by the ruling of the Inter-American Court of Human Rights - CorIDH, which condemned Brazil for violating the rights of the Xucurus tribe, an indigenous people who live in the Ororubá mountain range, in the municipality of Pesqueira, in the state of Pernambuco. Thus, the objective is to analyze the protection of the rights of indigenous peoples to their territory, from the decolonial theoretical framework. For this work, it is proposed to adopt documental research and systematic review through reading doctrines, scientific texts, legal articles, constitutional, international and infra-constitutional norms, in addition to analyzing the jurisprudence of CorIDH. Thus, the need to protect their rights and interests in the face of hegemonic purposes is increasingly urgent.