Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

102 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS 6.The indigenous link to the earth does not have an economic charac- ter, but is spiritual and cultural. The title holder is not an individual but a group, a tribe or a people.This exists in contrast to the modern characteris- tic of property law: markedly liberal, atomistic and of utilitarian-economic usefulness, in which social destiny is confused with productive capacity for the market. 7.The relationship with the soil permeates all indigenous culture: be- liefs, languages, customs, traditions and religions are linked to the earth where they live.The identification and demarcation of their lands is a pre- mise for the exercise of all other rights. 8. It is not the demarcation which will create a traditional ownership or a remaining habitat .This only delimits indigenous land, fixing its limits. It is this ancestral possession which deserves full juridical protection since it maintains the cultural and ethnic identity of the group. In other words, the State does not create indigenous land but only attests to its existence. 9. Under these circumstances, when the State no longer fulfills its constitutional role in demarcating these lands there is a rupture in the ju- ridical order. For the cure of this illness, which comes from the wrong way of implementing norms, there must be a juridical remedy to oversee the objective responsibility of the government or, when this negligence repre- sents the policies of the State itself, through the responsibility of its own centers of power. 10. In other words, the focus of responsibility migrates from repres- sion to harmful conduct in order to make amends.The Court, in the Awas Tingi case, came close to the torts of the English system upon contempla- ting indemnities without there being effective harm, as an organ which merely consecrates the illicit act (the delay in concluding demarcation). 11. The path for the compliance with these decisions by external en- tities, albeit a winding path, has shown itself to be worthwhile in this case. Increasingly the State has accepted its connectedness to the condemna- tions, and the delay in applying the law tends to diminish, with the recog-