The legal nature of the Indigenous Rights in the Federal Constitution of 1988

Abstract

The indigenous rights assured in the Federal Constitution of 1988 have changed the approach about the Indigenous issue which was performed until then. In the Federal Constitution usages, costumes and traditions are recognized to the Indians, in this way there is a break with the assimiliationism of Brazilian policies adopted to date. These rights, however, have a very special legal status. They do not confuse themselves with the civil matrix that apparently engender them. Thus forming a truly heterodox legal statute of constitutional rights.