35 2. The IBR may review the decision set forth in the previous Article, insofar as there is evidence that said property is no longer under productive permanent use or if new circumstances arise that make it appropriate, in accordance with the law, to do so. 3. To forward the instant file to the Instituto Paraguayo del Indígena (INDI) for it to be studied in the broader framework of Law 904/81 Statute of the Indigenous Communities the application of which falls under that body’s sphere of competence.74 50.39. On September 28, 1998 the IBR forwarded administrative file No. 7261/93 to the INDI.75 50.40. On October 26, 1998 the legal department of the INDI stated that “the instant file [must be] analyzed in the broader framework of Law [No.] 904/81 and [that] without setting aside the right to private property, it [should] facilitate by all legal means a fair agreement with the owners, to recover the natural habitat for the indigenous people as soon as possible.”76 A new visual inspection of Loma Verde estate took place on November 17, 1998, and participants included the members of the Board of Directors of the INDI, Emilio Caballero and Andrés Chemehi, who submitted a report to the President of the Council, on February 9, 1999. Together with this report, they submitted a census of the members of the Community who were living alongside the road to Pozo Colorado, and several pictures of the estates they visited.77 This report was challenged by “Florida Agricultural Corporation”, “Livestock Capital Group INC” and “Agricultural Development INC”, who also recused Emilio Caballero.78 50.41. On November 26, 1998, through their attorney, said firms submitted a brief in which, inter alia, they complained of “the attitude of certain members of the Yakye Axa Indigenous Community at the time of the visual inspection” of their estates and they rejected “any new dialogue with the members of that indigenous Community or their representatives, bearing in mind that the position of both parties is fully stated in […] the records.”79 50.42. On August 18, 1999 the legal department of the INDI issued opinion No. 33/99, in which it recommended that a ruling be issued as follows: 74 See decision No. 755 issued by the Board of the Instituto de Bienestar Rural on September 8, 1998 (file with appendixes to the application, appendix 4, volumes 826, 827 and 829). 75 See note A. No. 323 addressed by the President of the Instituto de Bienestar Rural to the President of the Instituto Paraguayo del Indígena on September 28, 1998 (file with appendixes to the application, appendix 4, volume 834). 76 See report No. 122 issued by the legal department of the Instituto Paraguayo del Indígena on October 26, 1998 (file with appendixes to the application, appendix 4, volume 838). 77 See visual inspection report prepared by Emilio Caballero and Andrés Chemehi, members of the Board of Directors of the Instituto Paraguayo del Indígena on February 9, 1999 (file with appendixes to the application, appendix 4, volumes 864 to 874). 78 See recusation brief submitted by the representative of Florida Agricultural Corporation, Livestock Capital Group Inc. and Agricultural Development Inc. against Emilio Caballero, member of the Board of Directors of the Instituto Paraguayo del Indígena, April 2000 (file with appendixes to the application, appendix 4, volumes 958 to 968). 79 See note addressed by the representative of Florida Agricultural Corporation, Livestock Capital Group Inc. and Agricultural Development Inc., to the President of the Instituto Paraguayo del Indígena on November 26, 1998 (file with appendixes to the application, appendix 4, volumes 848 to 856).