The Federal Constitution of 1988, known as the "Citizen Constitution," establishes the constitutional rights of indigenous peoples, thereby creating fertile ground for the development of new and better conditions for the relationship between the state, society, and indigenous communities in Brazil.
An important conceptual innovation was introduced by Article 231 of the Constitution. In recognition of the fact that they were the first inhabitants of Brazil, the rights of indigenous peoples to their lands are defined as original rights, which means that they precede the creation of the state itself (Barbosa & Caponi, 2022). Indigenous peoples are thus constitutionally recognized as having an essential role in the stewardship of the forest's environmental resources, the preservation of which is necessary for their well-being. They have the right to fulfill this role in accordance with their customs, traditions, and practices. However, 35 years after these rights were enshrined in the Constitution, ensuring the effectiveness of these constitutional rights in indigenous public policies remains a challenge, and authoritarian political scenarios have complicated the relationship between indigenous peoples and the Brazilian state over the years.
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