of jurisdiction (CC 10.588) was decided by the STJ on December 14, 1994, the referred motion was decided in the first instance in favor of the non-indigenous occupants, on July 24, 199851. This decision was appealed and the Civil Appeal AC178199-PE (n ° 0035132-79.1999.4.05.000 - original number 99.05.35132-9) was rejected by the 5th Region Federal Regional Court on April 24, 2003 52. A special appeal (n° 646 933-PE or 2003/0230169) was filed before the STJ on December 2003, which was rejected on November 6, 2007 (decision published on November 26, 2007) was filed. A motion of embargos de declaração was filed on December 6, 2007 (No. 243862/2007), which was rejected on December 11, 2009 (decision published on December 16, 2009). Finally, two embargos de declaração were filed: one by FUNAI on February 1, 2010 (No. 11598/2010), and one in the Federal Union on February 8, 2010 (No. 20028/2010) both of which, according to available information, are still pending 53. 59. With respect to the ordinary action No. 0002246-51.2002.4.05.8300 (original number 2002.83.00.002246-6), it was promoted by Paulo Pessoa Cavalcanti de Petribu, Helena Correa de Araujo Cavalcanti de Petribu, Paulo Pessoa Cavalcanti de Petribu Filho, Maria Helena Reis Cavalcanti de Petribu, Miguel Cavalcanti de Petribu, Cristina Marta de Andrade Mello Cavalcanti de Petribu, Jorge Cavalcanti de Petribu and Patricia Monteiro Brennand Cavalcanti de Petribu, on February 2002, seeking the annulment of the administrative demarcation process on the following properties: Hacienda "Lagoa da Pedra", "Ramalho", "Lago Grande" and farms "Capim Grosso" and "Pedra da Cobra". The authors alleged that the demarcation should be annulled because they had not been personally notified to intervene in the administrative process. The same authors also filled in parallel and as a complement to the ordinary action, a Precautionary Measure request No. 0019349-71.2002.4.05.8300 (original number 2002.83.00.019349-2) on December 2002 regarding anticipated evidence on the invasion and destruction of the Hacienda "Lagoa da Pedra", which was decided in their favor on December 9, 2009 54. Regarding the main action (ordinary action n° 000224651.2002.4.05.8300), the IACHR notes that on June 1, 2010, the 12th Federal Court of Pernambuco decided in first instance that the action was partially admissible in regard to the compensation due, and determined that the authors were entitled to compensation from FUNAI in the amount of R$ 1,385,375.86. The appeal in this ordinary action is still pending decision55. E. Tension, insecurity and violence in the frame of the demarcation of the Xucuru indigenous territory 60. The IACHR has previously held that "the demarcation of the [Xucuru] lands was being conducted by FUNAI in a context of general insecurity" 56. By way of context, the IACHR notes that it is a fact that during the process of demarcation of the indigenous territory a number of important indigenous leaders were murdered, such as José Everaldo Rodrigues Bispo 57, son of the spiritual leader of the community, on September 4, 1992; Geraldo Rolim58, representative of FUNAI and active defender of indigenous people, on May 14, 1995; and finally, the chief of the indigenous people, Cacique Xicão 59 on May 21, 1998. While the Annex 5. Procedural step of the action of reintegration of possession and fragment of the judgment of first instance (Annex 3 of the Communication from the State of September 6, 2010). Said fragment that "it is appropriate reintegration of possession promoted by Milton do Rego Barros Didier and another against [indigenous people] Xucuru, Federal Union, FUNAI and the Federal Public Prosecutor"; Annex 6. Procedural step and decision on the conflict of competence (Annex 4 of the Communication from the State of September 6, 2010). 52 Annex 7. Civil procedural step of Appeal AC178199-PE (Annex 5 of the Communication from the State of September 6, 2010). 53 Annex 8. Procedural step of 646.933-PE and Judgment of the STJ on November 6, 2007 (Annex 6 of the Communication from the State of September 6, 2010) Special Appeal. 54 Annex 9. Procedural step and decision of December 9, 2009 on the precautionary measures (Annex 8 of the Communication from the State of September 6, 2010) . 55 Annex 10. Procedural step and the ordinary first instance judgment of June 1, 2010 (Annex 7 of the Communication from the State of September 6, 2010) action. 56 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 45. 57 Referred by Amnesty International in its report Indigenous Leaders Marked for Death. Available at: https://www.amnesty.org/.../amr190151998en.pdf 58 Referred by Amnesty International in its report Indigenous Leaders Marked for Death. Available at: https://www.amnesty.org/.../amr190151998en.pdf 59 Referred by Amnesty International in its report Indigenous Leaders Marked for Death. Available at: https://www.amnesty.org/.../amr190151998en.pdf 51 14