legal 3.Precedentes: the referring legislative trajectory to the aboriginal questions Is considered to follow it, to evoke the involved lines of direction in the institutionalization of the Brazilian legislative process, in favor of the legal evolution and of the positivao of the rights directed to the aboriginal peoples. In this trajectory, several had been the legal forms used to contemplate and to interpret the questions problematizadas for the aboriginal peoples. The identified demand as more emblematic and justificadamente controversial, landmark of busy lands for the indians is mentioned to it since the first centuries. In the process of settling, a priori, the lands were of free Portuguese occupation. The measure that the Portuguese Crown institua some legalist actions, antagonistic and contradictory forms of regulation if firmed front to the demands imposed for the aboriginal peoples. However the legal instruments were not accomplished and little they influenced in the established partner-historical dynamics, however considered summary interventions that harmed the aboriginal peoples strong. In 1831, ' ' liberdade' ' of the indians it was restituted, and to the peace judges the function of tutors of the aboriginal peoples was delegated.

In such a way &#039 is born; ' julgamento' ' that it denotes the necessity of the indians to be tutored people for the State (OSSAMI, 2001). Already in 1850, with the edition of Vacant Lands, it is made sure the indians the territorial right of busy lands. It is standed out that intention of the document was one more time inferior front to the antagonistic interests that had not supplied to such legal disposal the deserved legitimacy – fact this that is demonstrated recurrent in the present time (SAINTS, 2009). This situation of contradictory laws only starts to be modified from the Republic, when the beginning of a new indigenista politics is identified. The insistent ones you strike between indians and not-indians, and the national economic configuration from the expansion of the agroindstrias, had demanded a state intervention.