O sistema interamericano de proteção aos direitos humanos e sua aplicação no Brasil: análise quanto ao cumprimento do item 9 (desintrusão do território) da sentença do caso Brasil X povo Xucuru

Abstract

This study aims to analyze the effectiveness of the decision issued by the Inter-American Court of Human Rights in the case Brazil v. Xucuru People, with a focus on the measure of removing non-indigenous occupants from the traditional indigenous territory. The research begins by recognizing the weaknesses of the Brazilian State in protecting the territorial rights of Indigenous peoples, despite existing constitutional and international guarantees. Through a bibliographic and analytical approach, the study examines the role of the Inter-American Human Rights System in safeguarding these rights, especially in the face of state omissions. The 2018 ruling by the Inter-American Court marked a milestone by holding Brazil accountable for violating the rights of the Xucuru people and ordering structural reparations. However, the analysis reveals that even after seven years, the sentence has only been partially fulfilled, with unresolved issues regarding the complete removal of non-Indigenous occupants. Despite advances, such as the removal of over 98% of intruders, obstacles remain, highlighting the limits of international decisions without adequate internal institutional support. The study concludes that a national legal framework is needed to regulate the enforcement of the Court’s rulings and to strengthen Brazil’s integration with the Inter-American system as a means to ensure effective justice and uphold the fundamental rights of Indigenous peoples.