In practice

The Constitution of 88 created the need to set up a review via ordinary legislation and the inclusion of new themes in the juridical debate about the indigenous communities. Beginning in1991, law bills were presented by the executive branch of the government and by deputies to regulate the constitutional clauses and adapt the old legislation based on the principles of the integration of the indigenous communities in the national community and the tutorial relationship between the government and the indigenous groups to the terms of the new Constitution.

Thus, the legal basis in support of the most fundamental claims of the Indians in Brazil was formulated by the new Constitution and has been currently expanded and rearranged. However, Brazilian reality shows that it is up to the indigenous communities and their allies to make it possible to enforce the difficult task of making the laws complied with, guaranteeing the respect of indigenous rights in practice, in the face of many different economic interest that had the audacity to ignore the existence of these rights.

To ensure that the constitution is enforced is the challenge that is face. It is the role of the indigenous communities, as well as their organizations, support entities, universities, the prosecutors’ office and other groups. It is well known that this is a slow process, and is actually conditioned by the task of making society as a whole aware of the situation. Success will necessarily depend on the degree of commitment on a day-to-day basis on the part of everyone involved in this effort.