Artieda 2011

The indians, its communities and organizations are real parties in interest to enter judgment in defense of its rights and interests, intervined the Public prosecution service in all the acts of the process. To the federal judges it competes processing and judging: the dispute on aboriginal rights. Art. 67.

The Union will conclude the landmark of aboriginal lands in the stated period five year from the promulgation the Constitution. Through this constitutional historical briefing it is possible to identify a series of innovations in the treatment of the aboriginal question. Before the Constitution of 1988 the recognized aboriginal rights were basically restricted to the ownership right on the land; from the CF/1988 it had a significant magnifying of these rights, over all as consequence of the recognition of its ‘ ‘ social organization, customs, languages, beliefs and traditions, ‘ ‘ (art. 231). The Constitution of 1988 is a paradigmtico landmark in the treatment destined to the aboriginal peoples in Brazil. For Arajo (2006), the paradigm of ‘ was broken; ‘ integrao’ ‘ of ‘ ‘ assimilao’ ‘ was substituted by the multiculturalismo, from the right to the difference. Moreover, ‘ ‘ when recognizing to the collective and permanent right peoples aboriginal, the Constitution opened a new horizon for the country as a whole, creating the bases for the establishment of right of a pluritnica and multicultural society, where peoples continue to exist as peoples who they are, independently of the interaction or contact degree that exerts with the too much sectors of the society that envolve’ ‘ (Arajo, 2006:45).