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

92 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS In turn, for the theory of indigenous reality – used in the case under analysis – ownership for the purpose of demarcation is conceded in relation to a well-defined temporal measurement. According to the Inter-Ameri- can Court it is the current conditions which are the instance in which the required demarcation defines the limits of such lands. That is to say, lands no longer occupied by the natives are no longer included in this process of recognition, even though they were previously inhabited. As can be seen, the constant and persistent indigenous presence is the reality to be verified, tested and demonstrated by statements and anthropo- logical studies so that identification and demarcation can be implemented. But what type of occupation must be protected? That traditional one, ac- cording to the modus vivendi and the culture one wishes to be preserved, or is it enough that this be implemented by natives? The organ delivering the sentence does not enter into the definition of these concepts. It merely refers to the protection of communal property. However, to preserve indigenous culture – and the land is an essential part of this – “does not presuppose the creation of ‘living museums’, in other words, the maintenance in forced isolation of these communities in a way to impede their access to the assets and comforts of modern life”. Expres- sed in other terms, “the Indian does not cease to be an Indian for using jeans, a cell phone or a computer. What characterizes the Indian (…) is belonging to a culturally differentiated group within the environment whi- ch surrounds him, not the utilization of loincloths and paint in the place of electronic appliances or mass-produced clothes. 39 ” Where the recognition of occupied territory is spoken of, the Inter -American Tribunal does not establish how the indigenous people should live; on the contrary, the idea which comes through in the sentence, under examination here, is the self-determination and empowerment of these communities as a distinct segment of the society which surrounds them. 39 LIMA, Edilson Vitorelli Diniz. Estatuto do Índio . Editora JusPodium, 2011, p. 20.