The legal disposals instituted throughout the legal development of the country are considered and the form with which the questions problematizadas for the aboriginal peoples had been dealt with in each one them. In the first part, a revision is proceeded from the historical factors that had subsidized the social situation imposed the aboriginal peoples. After this rescue, make reference to reference pertinent the antropolgicos and sociological aspects to the responsible aboriginal culture and identity for facilitating or inhibiting positivao and efetivao of rights. It is still argued, the forms of confrontation used by the Aboriginal Movement from the suscitao of nuances legal-politics related to the context contemporary. In this perspective, is diagnosised that the main demand of the aboriginal peoples? referring the territoriality guarantee – it remains insoluble; in view of that the bother caused for this etnia to the great large estate owners, mineradores and politicians who defend the liberal yearnings insistently, possess the trend to perpetuate themselves, defying continuously the aboriginal cultural diversity that is proceeded total antagonistic to the interests, perceptions and aspirations of this elite detainer of being able. Words? key: Aboriginal movement; Right; Citizenship. ‘ ‘ To fight for the equality whenever the differences discriminate in them; to fight for the differences whenever the equality in descaracterize’ ‘ Boaventura de Souza Saints 1. Introduction the intention of this work is to argue the process of positivao/efetivao of the aboriginal rights, fruit of recurrent fights stopped for the Brazilian Aboriginal Movement.