The facts of the case concern a violation of the Xucuru indigenous people’s right to collective property due to delays in the demarcation of their ancestral territory and the lack of effective judicial protection in guaranteeing this right.

In its ruling, the Inter-American Court reiterated standards on indigenous peoples’ property rights over their ancestral territories when it analyzed whether Brazil’s actions in this case were effective in guaranteeing these rights, as well as the potential impact of the delay in doing so. The Inter-American Court concluded that the administrative process applied was partially ineffective in protecting these rights and that judicial delay affected the legal security of the Xucurú indigenous people’s property rights.