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

94 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS nerable in its own perfection, but for the undue application of the latter, having the power to enforce acts and personal liability (administrative, ci- vil and criminal) upon the agent who did not respect the Law; or for the State’s negligence. Further still, when this negligence is due to the political choice of the State itself – as suggested by the hypothesis being studied – through the responsibility of its own centers of power, the Government itself becomes liable. In the case under analysis, the Court, acting within a system of li- mits, fixed the licit and illicit fields, giving values to attributes of social interests in the Inter-American Convention on Human Rights and the Constitution of Nicaragua itself. It is true, however, that the decision went beyond the traditional responsibility of the State by the commissive act of penetrating the concept of responsibility for inaction or negligence; to abstain from the act of demarcation of indigenous territory, in spite of the constitutional obligation to do this. There was also a consideration of the implicit damage in the negligence itself. And this wound, extracted from the sentence, is not only factual but above all juridical. Another relevant question treated by the Court alludes to what could be a reasonable timeframe to conclude the process of demarcation.This de- finition involves the principles of reasonableness and legal certainty as well as the right to a rapid process.Take the following excerpt from the sentence: As has already been observed, Nicaragua did not take the in- ternal legal steps necessary to permit the delimitation, demar- cation and granting of land to the indigenous communities, and did not indicate a reasonable term 40 [for the matter to be resolved] It can be concluded, by the quote transcribed above, that reasonable- ness was fixed as a right that the indigenous community possesses in order 40 In the original: Como ya fue señalado, en este caso Nicaragua no ha adoptado las medidas adecuadas de derecho interno que permitan la delimitación, demarcación y la titulación de las tierras de comunidades indígenas y no se ciñó a un plazo razonable (...).