Analyzing the legal history of Brazil necessarily involves the process of violence against
indigenous communities, as well as the occupation and colonization of their lands. With this
information, the present work aims to investigate, through the deductive method, how the
process of demarcation of indigenous lands can effect the right to demarcated land and whether
the demarcation of indigenous lands is efficient to protect the right to territoriality. In view of
the information collected throughout the research, it is concluded that there has been little
progress in the process of guaranteeing the fundamental right to the demarcated land, despite
the Brazilian legal system, especially the Federal Constitution of 1988, contributing to affirm
this right, which is extremely important to preserve the life and cultural identity of native and
generational peoples to preserve the environment, many obstacles need to be removed to realize
this fundamental right, including a persistent omission of public authorities in law enforcement.
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