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On 9 December 2024, the National Executive Branch issued Urgency and Necessity Decree 1083/2024 ("Decree"), which repealed Decree 805/2021, and rendered ineffective (i) the emergency affecting the possession and ownership of lands occupied by indigenous communities, in force since 2006; and (ii) the suspension of judgments or other acts tending to evict lands occupied by indigenous communities. Consequently, court cases or judgments to evict occupied lands could be reactivated.
The Decree emphasizes that the prolonged emergency has generated legal uncertainty and affected legitimate owners' proprietary rights, as well as the domain and control over natural resources in favor of the provinces.
Additionally, in a similar sense, the recent decision of the National Supreme Court of Justice (CSJN) in González, Florencio Antonio c/ Colicheo, Florentino y otros s/ interdicto (sumarísimo) confirmed the right to private property of Mr. González in view of the lack of actual, peaceful and public possession of the land by the indigenous Mapuche community Lof Tripal-co Rañing in the province of Río Negro. The main points of the judgment are detailed as follows:
Click here to access the Spanish version.
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