SENTENÇAS ESTRUTURANTES NA CORTE INTERAMERICANA DE DIREITOS HUMANOS A PARTIR DA ANÁLISE DO CASO DO POVO INDÍGENA XUCURU E SEUS MEMBROS VS. BRASIL

Abstract

Taking as an horizon the case “Case of the Xucuru Indigenous People and its member vs. Brazil” judged by the Inter-American Court of Human Rights in 2018, which was taken to Inter-American Court of Human Rights due to the delay in the process of demarcating indigenous territories, questions are raised regarding the conduct of the court as a judicial means in the protection of rights and establishment of measures aimed at not perpetuating rights violations recognized in the American Convention. This is because the Inter-American Court has been, in its decisions, determining the adoption of internal measures by states parties responsible for violations that seek to solve structural problems. This meets the so-called structuring sentences, aimed at rights protection and the non-repetition of the violation. Therefore, this work aims to analyze which measures are determined by the InterAmerican Court of Human Rights in the case of the Xucuru Indigenous People and its member vs. Brazil, from the perspective of structuring sentences. For that, it will be used the deductive method, bibliographic research and case analysis already mentioned.