The case of the xucuru indigenous people before the Inter-american Commission on Human Rights

Abstract

This article deals with the case of the Xucuru Indigenous People, which was initially submitted to the Inter - American Commission on Human Rights, prior to the conviction of Brazil by the Inter - American Court of Human Rights. The main objective of the study is to analyze the consequences of the factual situation ascertained by the Report on the Merits nº 44/15 of the HDI Commission, which concluded that Brazil violated several provisions of the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man. As a result of the violations, recommendations were issued to the Brazilian State, which, once unfulfilled, led to the submission of the case to the Inter-American Court of Human Rights, with the consequent subsequent conviction of Brazil. It is concluded that Brazil could not only as it should have complied with the Recommendations of the HDI Commission, not only for the good faith that must govern international relations, but also because the predictable subsequent condemnation by the Inter-American Court has been even more damaging to Brazil’s image.