These measures were passed by the Congress, but not without significant pressure from indigenous groups. The Congress had initially suggested an amendment which only recognized and protected Indians who had no previous contact with non-indigenous peoples or the outside environment. However, the Kaiapo Indians and their leader Krenak Ailton demonstrated in front of Congress for this amendment to be changed to include all indigenous peoples, which is its current status. Thus, the 1988 constitutions sparked mobilization among indigenous groups, though not on a national level. Rather, the land is owned by the state, but is held solely for indigenous use.
Indigenous peoples are to utilize the land according to their practices and traditions.
Private ownership by individuals is not permitted in Indian lands under Brazilian law. Moreover, the constitution does guarantee use of native languages in education of indigenous peoples, but does not specify how the provision is to be implemented. U.S. Congressional testimony statements reported that squatters, ranchers, and gold miners were entering designated indigenous lands and killing indigenous people. Moreover, much of the land was being deforested, which also harmed the traditions and lifeways of the indigenous inhabiting the areas, who were mainly in the Amazonian region of Maranhao. In response to these invasions, a Ka'apor headman named Petroi with twelve other Ka'apor Indians and twenty Tembe Indians protested the invasion of their lands by non-indigenous peoples in the town of Belem.