According to the evidence on the file, by November 27, 2003, the State had identified 396 occupants
(corresponding to 486 occupied areas or ocupações). Of these, up to that time, it had compensated 149
occupants (corresponding to 220 occupied areas), therefore remaining to be compensated 247 occupants
(corresponding to 266 occupied areas). In this regard, the IACHR notes that the document submitted by the
State on the payment of compensation for improvements specifically states that "the survey of occupations
has not yet been concluded."46 Such a survey, as reported by the State, was completed in 2007 and indicated
the existence of 624 areas occupied within the Xucuru indigenous territory.
54.
On April 3, 2001 in accordance with Article 5 of Decree No. 1775, the President issued a
Presidential Decree (published in the Official Gazette on May 2, 2001), approving the demarcation of the
Xucuru indigenous territory, corresponding to an area 27055.0583 hectares47. Under Article 6 of Decree No.
1775, within thirty days after the publication of the decree of approval on May 2, 2001, the FUNAI should
promote the respective registration of the Xucuru land in the Property Registry Office of the municipality of
Pesqueira and in the Union’s Secretariat for Federal Heritage.
55.
However, both parties coincided that the registration of the Xucuru indigenous territory did
not occur within thirty days after May 2, 2001, and took place in 2005. After the FUNAI required the
registration in the municipality of Pesqueira on May 17, 2001, the officer of the Property Registry Office of
Pesqueira, Juarez Lopes de Melo, filed objection motion No. 0012334-51.2002.4.05.8300 (original number
2002.83.00.012334-9) on August 2002, questioning the competence of the FUNAI to require the registration
of the indigenous territory. According to the evidence in the case, the motion was dismissed on June 22,
2005.48 The IACHR notes that the filing of that motion by such public official and its decision issued until June
22, 2005, caused a delay of more than four years for the registration of the Xucuru indigenous territory to
take place, and for the titling as property of the Union to be completed.
56.
The titling of the Xucuru indigenous territory was completed on November 18, 2005 through
its registration in the 1st Property Registry of Pesqueira (Pernambuco), as property of the Federal Union for
the permanent "possession" of the Xucuru indigenous people. 49 Therefore, it is not disputed that the
administrative demarcation process in question began in 1989 and the titling of the "Xucuru Indigenous Land
" was completed in 2005, more than sixteen years later. It is not disputed either that the full removal of nonindigenous occupants from the territory has not yet been completed.
D.
Pending legal actions in relation to the demarcation of the Xucuru indigenous people
57.
In addition to the possibility introduced since January 8, 1996 (with the promulgation of
Decree No. 1775) to challenge the demarcation process at the administrative level, since 1992 nonindigenous settlers also filed legal actions of territorial nature, alleging their property rights over areas
included in the Xucuru indigenous territory. Those legal actions are still pending a final decision. On March
1992, Milton do Rego Barros Didier and another individual filed a "motion to regain possession" (ação of
reintegração de posse); and on February 2002, Paulo Pessoa Cavalcanti de Petribu and others filed an
"ordinary action for the annulment of the administrative demarcation process" (ação ordinária). The parties
coincide that the two legal challenges are still pending a final decision. 50
58.
The motion to regain possession No. 0002697-28.1992.4.05.8300 (original number
92.0002697-4), was filed by Milton do Rego Barros Didier and his spouse on March 1992 with regard to the
possession of the Hacienda "Caipe" of about 300 hectares, in the municipality of Pesqueira. After the conflict
Annex 2. Summary Chart: Control of severance payments to non-indigenous occupants of November 27, 2003 (Annex to the
Communication from the State of February 20, 2004).
47 Available at http://www.planalto.gov.br/ccivil_03/DNN/2001/Dnn9198.htm (last visited on May 20, 2015).
48 Annex 3. Processing and decision of the objection motion (Annex 1 of the Communication of the State of September 6, 2010).
49 Annex 4. Certification of the 1st Property Registry Office of Pesqueira-PE, of November 11, 2005 (Annex 2 of the Communication of
the State of September 6, 2010).
50 The Commission does not have complete copies of the records referred 2 lawsuits, but only information on the procedural step of the
same, and some sentences or sentence fragments. This documentation is cited in the subsequent notes (See Annexes 3-8 of the
Communication from the State of September 6, 2010).
46
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