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

80 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS always characterized by conflict between mining companies, logging in- dustries, farming, environmentalists and traditional populations. Montanari reminds us that: “history demonstrates a difficult re- lationship between national states and the rights to land traditionally occupied by indigenous peoples. Frequently, the State misunders- tands and fails to recognize, in its respective legislations, the matter of property – beyond the juridical context – in lands occupied by indigenous peoples. A lot of the time these populations are prohi- bited from inhabiting, hunting, fishing and wandering, even being transferred from one place to another when they are found within territories considered valuable by the capitalist system, such as tho- se which contain natural resources and need to be exploited by the State 13 .” Hence, the definitions about indigenous earth and its delinea- tion are most complex matters. For this reason, an exemplary case was sought after as a frame of reference for this research, where the Inter-American Court of Human Rights recognized the State’s obli- gation to demarcate indigenous territory and make internal consti- tutional norms effective in relation to those peoples and their rights. The decision at the Court of San José included indigenous claims in the context of human rights, turning natives into protagonists of the international context, and opening the doors to opportunity in order to reshape the State’s obligation with reference to those origi- nal inhabitants. 4. UNDERSTANDING THE CASE On the 4th of June 1998, the Inter-American Commission of Human Rights filed a law suit against the State of Nicaragua, since the lands of 13 MONTANARI JUNIOR, Isaias. Demarcação de Terras Indígenas e Cooperação Internacional . Curitiba: Juruá, 2013, p. 54-55.