The Brazilian Constitution has a special chapter, "the Indian", in which the Indians for the recognition of their social organization, customs and traditions, languages and beliefs, as well as the original right to the lands they traditionally occupy.

Taking into account the historical traditions, way of life and reduce the number of the indigenous population, preferences and privileges granted to them are listed in the Constitution. These privileges and preferences, mostly related to the lands traditionally occupied by Indians, only the Parliament of Brazil is authorized to deprive the property rights of the Indians to them.