25. As for exhaustion of domestic remedies, the petitioners contend that when expropriation is for public interest or public use, Brazilian law provides no means to challenge the merits of the order of expropriation. The executive branch has discretionary authority to decide whether any studies will be conducted. The petitioners assert that the communities whose land was expropriated have no means to defend themselves, because Brazil’s domestic law does not provide the means to challenge the merits, i.e. the question of whether a real public interest or use exists (hence the exception provided for in Article 31.2.a of the Commission’s Rules of Procedure). The petitioners further assert, that the 10-year delay in conducting court proceedings on the expropriation suits is discriminatory, and the almost 13-year delay in the process of giving the remaining quilombo communities legal title to their land, constitutes unwarranted delay in the sense of Article 31.2.c of the Commission’s Rules of Procedure. 26. The petitioners sustained that all the communities’ victims of expropriation, as well as threatened by expropriation and destructuring are quilombo remnants. The anthropologic record elaborated by Professor Alfredo Wagner Berno de Almeira, published in the year 2006, that is joined as an annex to this presentation, describes the requisites which define this condition, the communities belonging to the area of quilombo remnants in the Alcantara Region, and the territory included by these 156 (one hundred and fifty six) communities. 27. In relation to the Public Civil Action Number 1999.37.00.007382-0, being transacted in front of the 3rd “Vara Federal de Sao Luis, Maranhao”, they sustain that it is in condition of being resolved since more than 18 months ago, since February 22, 2005. In the Public Civil Action Number 2003.8868-2, in transaction at the 5th “Vara Federal” of the same location, on September 27, 2006, the Judge dictated an interlocutory resolution that conceded the INCRA a 180 (one hundred and eighty) days deadline to prosecute with the emission of the definitive titles of the involved lands. The Collective Action Number 2003.7826-3, in transaction in front of the lastly alluded Court, is found pending of a resolution since October 3rd 2005, more than a year ago. 28. It is denounced that since mid 2005, the quilombolas which habitat the region, who practice cultures in their old lands, the ones that now belong to the Air Force, are being object of threatens, persecutions, detentions and destruction of their crops. 5 (five) “Mandados de Seguranca” were articulated on September 19th 2006 by social organizations, to try to repair the described acts. The lands that were assigned to the harmed ones are constituted by small parcels, inadequate for cultures, situation that destructured the common use of the land system, depriving them of the indispensable for subsistence. The only mean of assistance that they posses to subsist is the “Bolsafamilia” program, that provides them with a small stipend, that results insufficient. 29. It is denounced, that in addition of the 8.700 (eight thousand seven hundred) hectares occupied by the Alcantara Launching Center, now the State pretends to occupy another 5.600 (five thousand six hundred) hectares more, to build new rocket launching sites, situation that was proposed to the communities on July 15, 2006 by the Executive Inter Ministerial Group (GEI). The affected ones manifested themselves in contrary with the denominated “Carta de Alcantara” (Letter of Alcantara), on August 12, 2006. B. The State 30. The Brazilian State denies negligence in the case of the rural communities created within the area of the CLA; quite the contrary, it argues, the 5