IMPLEMENTAÇÃO DA DECISÃO DO POVO INDÍGENA XUKURU VS. BRASIL NO ÂMBITO DO TRIBUNAL REGIONAL FEDERAL DA QUINTA REGIÃO

Abstract

The condemnation of Brazil in the Inter-American Court of Human Rights, in the Case of the Xukuru Indigenous People, reveals the failure of the State to secure the fundamental rights of the indigenous people, with regard to the effective guarantee of exclusive possession and usufruct of their territory, as established in the Federal Constitution of 1988. Taking this into account, the following question arises: what is the legal impact that the sentence of the Inter-American Court caused in the Federal Regional Court of the 5th Region (TRF-5)? To respond to this issue, it is sought to analyze the consequences of this conviction within the scope of TRF-5 and to investigate the current stage of compliance with the reparations imposed by the Inter-American Court on Brazil. About the methodology, were realized bibliographic research and content analysis of TRF-5 decisions involving the Xukuru indigenous territory. And, considering the importance of complying with the decisions of the Inter-American tribunal, it was possible to verify that the judgment of the Court had direct impacts on the TRF-5, leading it to the creation of its own Unit for Monitoring the Decisions of the Inter-American System, as well as its adhesion to the National Pact of the Judiciary for Human Rights. It was also verified that, of the resolutive points indicated by the International Court, half still remain pending compliance by the State.