Par. 6 Once the work of identification and delimitation is concluded, the technical group will present a substantiated report to the federal organ for the assistance to indigenous people, indicating the indigenous territory to be demarcated. Par. 10 Once the report is approved by the president of the federal organ for the assistance to indigenous people, he will publish, within fifteen days of its receipt, a summary of the report in the Official Gazette of the Union and in the Official Gazette of the respective state where the area under demarcation is located, along with a descriptive document and a map of the area, and it will also be publicized at the headquarters of the respective Municipality.25 40. Once the study of identification and delimitation has been approved by FUNAI, third parties interested in the identified and delimitated territory may challenge the FUNAI studies and litigate their property rights with regard to the area, or request compensation for improvements (benfeitorias) in accordance with paragraphs 8 and 9 of Article 2 of Decree No. 1.775, a situation in which the file will have to be submitted to the Minister of Justice: Par. 8 Since the start of the demarcation process until ninety days after the publication referred to above, states and municipalities where the area under demarcation is located and other interested parties may intervene, by submitting to the federal organ for the assistance to indigenous peoples communications with all relevant evidence such as title deeds, surveys, reports, witness statements, photographs and maps, to litigate compensation or to demonstrate total or partial flaws, in the report referred to above. Par.9 Within sixty days, the federal organ for the assistance to indigenous peoples must send the relevant file to the Minister of Justice, together with opinions concerning the reasons and evidence presented26. 41. After receiving the file, the Minister of Justice shall adopt a decision within a period of thirty days, according to paragraph 10 of article 2 of Decree No. 1.775. According to items I, II and III, respectively, of that provision, the Minister of Justice may: (i) declare by ministerial decision, the boundaries of the indigenous territory and order its demarcation; (ii) identify any additional necessary measures, to be taken within ninety days; or (iii) reject the identification and delimitation study and return the file to FUNAI, through a substantiated decision27. 42. If the decision of the Minister of Justice confirms the identification and delimitation and orders the demarcation of the indigenous territory, Article 4 of Decree No. 1.775 determines the recovery of the area, in the following terms, "if it the presence of non-indigenous occupants in the area under demarcation is verified, the federal organ will proceed with their removal as a matter of priority, in accordance with the study prepared by the technical group, and respecting the applicable law." 28 43. Likewise, under Article 5 of Decree No. 1.775, "once the administrative process established in this Decree has taken place, the demarcation of indigenous lands will be homologated by decree"29 of the President of the Republic. 44. Finally, Article 6 of Decree No. 1.775 provides that "within thirty days after the publication of the decree of approval, the federal organ for the assistance to indigenous peoples will promote the respective registration [of the indigenous territory] in the property registry of the corresponding municipality and with the Union’s Secretariat for Federal Heritage". 30 Annex 1. Relevant legislation. Decree n. 1.775 Annex 1. Relevant legislation. Decree n. 1.775 27 Annex 1. Relevant legislation. Decree n. 1.775, Article 2, Paragraph 10, sub clauses I,II,III. 28 Annex 1. Relevant legislation. Decree n. 1.775, Article 4. 29 Annex 1. Relevant legislation. Decree n. 1.775, Article 5. 30 Annex 1. Relevant legislation. Decree n. 1.775, Article 6. 25 26 10

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