It deals with the recent Brazilian Indian politic, showing in its analysis the oscillating position of the State and its adverse position along the history, as to its acquaintanceship with the multicultural groups, especially with indian groups. In spite of the 1988 Brazilian Constitution rule regarding the indian rights and the preservation of the indian culture, sections of the civil society and of the State have seen them, several times, as threats to its unity and national security as well; specially around the bordering areas or sometimes seen as hindrances to the national development. Three basic thoughts regarding the Indians have been identified: one in favour of the Indian integration (compulsory or not); the other refers to the protection of their rights to have a culture different from the hegemonic one; and a third one to be outstanding. This one transfers the main point of the Indian identity which has been questioned before to the question related to the indian land as if the land didn't take part of their culture. Shows the responsibility of the Judiciary (specially this one of the STF) about the garantee of the Indian rights to its culture within the national area. Therefore the necessity for a new social-juridical ethos to deal with Indian problems has been claimed.
indian rights; indian land; politics for indians