Par. 5 The removal of indigenous groups from their lands is prohibited, except by referendum of the National Congress, in case of disaster or epidemic that threatens the population, or in the interest of the sovereignty of the country, after deliberation by the National Congress, guaranteed in any hypothesis, their immediate return once the risk has ceased. Par. 6 Are null and extinct, not producing legal effects, the acts aimed at the occupation or control and possession of the lands referred to in this Article, and the exploitation of natural resources of the soil, rivers or lakes existing in them, except for the relevant public interest of the Union, as established by supplementary law, not generating the nullity or extinction a right to compensation or action against the Union except, according to the law, with regard to benefits arising from occupation in good faith.19 37. The Commission has observed that "many of these constitutional rights [in Brazil] depend on regulatory legislation" and the Statute of the Indigenous of 1973, which precedes CF 1988, currently remains in force 20. The Statute of the Indigenous follows the integrationist precepts of the old Convention No. 107 of the International Labor Organization ("ILO") and, "as it is contravenes the provisions of the [Federal] Constitution of 1988 on many of its provisions." 21 However, it refers to the procedure for the demarcation of indigenous lands. Specifically, its Article 19 establishes that "indigenous lands, on the initiative and guidance of the federal organ for the assistance to indigenous people, shall be administratively demarcated according to the process established by decree of the Executive Branch." 22 38. Currently the Executive Branch decree applicable to such administrative demarcation of indigenous lands is Decree No. 1.775 of January 8, 1996, which establishes- similarly to the Statute of the Indigenous - that indigenous lands "will be administratively demarcated by initiative and under the guidance of the federal organ for the assistance to indigenous peoples, according to the provisions of this Decree " 23. Since the issuance of this decree, the demarcation process was governed by it. However, the IACHR notes that earlier during the process of demarcation of the Xucuru indigenous territory, launched in 1989, other executive decrees were in force and informed the procedure followed by the state authorities, as will be explained infra (Section VIII). Currently, Decree No. 1.775 details the various steps to be followed for the recognition, demarcation and titling of indigenous lands. According to Decree No. 1775, "the indigenous people, represented through their own customs, will participate in all stages of the process." 24 39. Under Article 2 and paragraphs 1, 6 ° and 7 of Decree n. 1775, the process of demarcation of indigenous lands begins with the identification and delimitation of the respective territory, which must be approved by the President of FUNAI, under the following terms: Article 2 - The demarcation of lands traditionally occupied by indigenous will be based on work done by an anthropologist with recognized qualifications, who shall prepare an anthropological study of identification, within a period specified in the act of appointment issued by the president of the federal organ for assistance to indigenous people. Par. 1 The federal organ for the assistance to indigenous people will designate a specialized technical group, preferably consisting of officials of the same functional background, coordinated by the anthropologist, to make complementary ethno-historical, sociologic, legal, cartographic, environmental and territorial studies needed for its delimitation. Annex 1. Relevant legislation. CF 1988. 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. 9. 21 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. 9. 22 Annex 1. Relevant legislation. Law 6.001 of December 19, 1973, Article 19. 23 Annex 1. Relevant legislation. Decree n. 1,775 of January 8, 1996, Article 1. 24 Annex 1. Relevant legislation. Decree n. 1.775 Article 2, par. 3 19 20 9