O reconhecimento e a garantia do direito de propriedade coletiva dos povos indígenas pela corte interamericana de direitos humanos: uma análise do caso Xukuru

Abstract

This paper critically analyzes the decision of the Inter-American Court of Human Rights (IACtHR), focusing on the emblematic case of the Xucuru Indigenous People against the Brazilian State. The study is based on an understanding of the Inter-American Human Rights System and the essential role of the Court in protecting fundamental rights at the regional level. Using a bibliographic and jurisprudential methodology, the research seeks to identify the obstacles faced by Brazil in implementing its international obligations, highlighting the importance of joint action among the State, civil society, and international organizations to ensure the effectiveness of the Court's decisions. The Xucuru case, marked by a history of expropriation and resistance, reveals the concrete challenges in enforcing international rulings, particularly regarding land demarcation and the recognition of indigenous peoples’ rights. The study concludes that, despite normative and institutional progress, significant barriers remain to the full effectiveness of the IACtHR's decisions, which hinders the consolidation of the regional human rights protection system.