Indigenous rights and the environment: analysis of the judgment in the Xukuru Case before the Inter-american Court of Human Rights

Abstract

This article examines the impact of the decision of the Inter-American Court of Human Rights in the "Xucuru This article examines the impact of the decision handed down by the Inter-American Court of Human Rights in the "Case of the Xucuru Indigenous People versus Brazil" on the preservation of the natural and cultural environment of indigenous communities in Brazil. In a historical context marked by conflict, the millenary occupation of the Xucuru people in the Serra do Ororubá region, Pernambuco, was characterized by disputes with settlers and farmers, resulting in territorial losses and the extermination of indigenous villages.  The aim is to analyze the influence of the Court's ruling on measures aimed at guaranteeing environmental protection for indigenous communities. It asks how the ruling impacts the adoption of initiatives aimed at safeguarding the natural and cultural environment of Brazil's indigenous populations. To this end, the aim is to examine how the decision of the IA Court in the "Xucuru Case" can be extrapolated beyond its immediate scope, considering the protection of the environment. The aim is to investigate the intrinsic relationship between the concepts of land, territory, collective property and the self-determination of indigenous peoples. The methodology employed is deductive, based on bibliographical and documentary analysis. In conclusion, this study offers an in-depth approach to the implications of the ruling of the IA Court in the "Case of the Xucuru Indigenous People versus Brazil". Through an analysis of the legal aspects and arguments presented, the article contributes to an understanding of the viable measures to ensure the preservation of the natural and cultural environment of indigenous communities, considering the context of persistent violations of their rights.