and 10 years respectively, is not compatible with the principle of a reasonable timeframe. Consequently, the Commission considers that the State is responsible for the violation of Article 8.1 of the American Convention, in relation to 1.1 of the same treaty, to the detriment of the Xucuru indigenous people and its members regarding the two legal challenges filed by non-indigenous occupants. 106. The Commission continues to note, finally, on decisions already issued in the motions to regain possession presented in 1992, that its content seems to be incompatible with the standards reiteraited in this merits report on the territorial rights of indigenous people. Indeed, the decision of the STJ of November 6, 2007, in referring to and confirming the judgment of first instance in favor of non-indigenous occupants indicates that "in the present case, there are documents proving that in 1885 [the ancestor of the author] acquired the lands of Hacienda Caipe. [...]. Therefore, in 1885, the lands in dispute already belonged to the author's ancestors." Also, the decision of the STJ stated that, "in reality, the constitutional protection of indigenous began with the Federal Constitution of 1934 and by that time, the lands were already occupied [by non-indigenous ancestors of the author]" 99. The Commission notes that this argument is inconsistent with the internationally consolidated notion in the sense that the land rights of indigenous peoples arise from their historical occupation and use and not from formal recognition from the States. 107. Given that tehse are not final decisions, the Commission will not comment on the international responsibility of the State for the content of these decisions. Notwithstanding the foregoing, this content will be considered when establishing the recommendation for the speedy resolution of these legal challenges VI. CONCLUSIONS 108. By virtue of the considerations of fact and law set out in this report, the Inter-American Commission on Human Rights concludes that: 1. The State of Brazil violated the right to property enshrined in Article XXIII of the American Declaration and Article 21 of the American Convention, in relation to Articles 1.1 and 2 of the same instruments, to the detriment of the Xucuru indigenous people and its members. In addition, the State of Brazil violated the right to personal integrity enshrined in Article 5 of the American Convention, in relation to Article 1.1. of the same instrument. 2. The State of Brazil violated the rights to a fair trial and judicial protection enshrined in Articles 8.1 and 25.1 of the American Convention, in relation with Article 1.1 thereof to the detriment of the Xucuru indigenous people and its members. VII. RECOMMENDATIONS 109. Based on the analysis and conclusions of this report, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS TO THE STATE OF BRAZIL: 1. Adopt as soon as possible the necessary measures, including legislative, administrative or other measures necessary for the effective removal of non-indigenous settlers from the ancestral lands of the Xucuru indigenous people, according to their customary law, values uses and traditions. Consequently, ensure that indigenous members can continue to live peacefully their traditional way of life, according to their cultural identity, social structure, economic system, customs, beliefs and traditions; 2. Adopt as soon as possible the necessary measures to complete the legal proceedings filed by non-indigenous persons regarding part of the territory of the Xucuru indigenous people. In compliance with Annex 16. STJ ruling of November 6, 2007 (Annex 6 of the Communication from the State of September 6, 2010). The Commission has no copy of the judgment of first instance, the July 24, 1998. 99 25