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

72 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS INDIGENOUS LAND RIGHTS: THE INTER-AMERICAN COURT OF HUMAN RIGHTS AND THE CASE OF THE AWAS TINGNI AGAINST NICARAGUA Erick Linhares Doctorate in International Relations (University of Brasília - UnB), Post Doctorate in Human Rights ( Jus Conimbrigae – Faculty of Law at the University of Coimbra), and Judge in the State of Roraima/Brazil. (Recebido: 03/07/2018 Aprovado: 22/08/2018 e 29/08/2018) ABSTRACT: The purpose of this research is to expound the main char- acteristics of the Awas Tingni Community v. Nicaragua case, decided by the Inter-American Court of Human Rights. The main contention of the case was the right of the indigenous community to their an- cestral lands. In order to understand the law concept and legal inter- pretation, and to clarify the rationality behind the decision, this text considers the right to equality in culture; and indigenous land rights as being vital for culture, religion and family development (elements intrinsic to subsistence). The analysis of this judicial decision shows a dialogue between morality and law (Inter-American Convention), with important notions of responsibility. The text also considers that the Theory of Integrity, defended by Ronald Dworkin, is the best mod- el to analyze the case, as it demonstrates the overlapping between justice and morality. KEYWORDS: Inter-American Court of Human Rights. Indigenous Rights. Justice. RESUMO: O objetivo desta pesquisa é expor as principais carac- terísticas do caso Comunidade Awas Tingni vs Nicarágua, deci- dido pela Corte Interamericana de Direitos Humanos. A principal