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

97 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS In any case, the tribunal has opted for the criteria of Anglo-American torts to define responsibility. In the civil law system, this delay by the State in stabilizing the conflict in rights gives rise to compensation, since the concept of a flawed or erring public service comes into the picture. Fol- lowing this, when distanced from subjective theory, the negligence can be considered the cause of the harmful event and not as its condition, which would make the analysis of the subjective element unnecessary (malice or blame in their varied forms). Thus negligence of responsibility, as to the demarcation of indigenous lands, is objective. The illicitness is derived from the very inaction of the State in its individualized duty to act. Simply the existence of injury gene- rates the obligation of indemnities by the Public Authority. This situation is aggravated in the case under analysis, since a concession for woodcutting was made in the area under dispute, depriving the natives of the use and enjoyment of their lands. In the end, what is registered is the advanced vision of the Inter-Ame- rican magistrates in the establishment of new paradigms for the assessment of civil responsibility, being capable of molding a constructive jurisprudence as an antidote which is effective against the leniency of States in recogni- zing and making indigenous rights effective. In summary, the importance of the decision in the Awas Tingni case is not just in its newness; it comes from the boldness, idealism and conscientiousness of a Court with its own heading. 9. EFFECTIVENESS The effectiveness of the decisions made by the Inter-American Court of Human Rights is an inordinately complex subject. It undergoes the inte- gration between internal and external law, passing through the great open- ing from the national juridical order to regional and international concerns. This is where a dialogue to overcome obstacles and antinomies is relevant, since “today the Constitutional State and International Law are