Chapter VIII of the Brazilian Constitution of 1988 is devoted to one of the most advanced normative positions in comparative legislation. Its provisions relate directly to the Indians' rights, surpassing the formerly ruling doctrine of "natural assimilation," and grant permanent recognition to the inherent original rights of the indigenous peoples, predicated on their status as the initial historical and permanent occupants of their lands16. 35. Furthermore, regarding the legal regime of indigenous lands, i.e., the status of indigenous land rights, the Commission has established that: The indigenous areas in Brazil are the property of the Union, as expressly stated in the Political Constitution (PC Art. 20, XI). As a result, they are subject to federal jurisdiction. At the same time, the Constitution itself recognizes the concept of "original domain" in the rights of the indigenous peoples to the land which they traditionally occupy. In other words, those rights do not stem from an act or grant of the State, but from the historical status of occupancy and ancestral utilization of that land. It also recognizes their permanent possession and exclusive usufruct of the soil, rivers and lakes, plus a share in the benefits received from exploitation of the water and energy resources of the subsoil, but the ownership correspond to the Union17. 36. In sum, the Brazilian legislation, particularly the Federal Constitution, establishes that the right to property of indigenous lands is conferred to the State (or the "Union"). Thus, Article 20, paragraph IX of the CF 1988 states that "are property of the Union: the lands traditionally occupied by indigenous people"18. Therefore, the Federal Constitution provides that the State is the owner of indigenous lands, not indigenous people or their members, who are guaranteed "permanent possession" of the lands traditionally occupied by them and the exclusive use of the resources attached to them, in terms of Article 231 and its paragraphs. In its relevant parts, Article 231 of the CF 1988 provides the following: Art. 231. Indigenous people re recognized their social organization, customs, languages, beliefs and traditions and the original rights to the land they originally occupied, being the responsibility of the Union to demarcate, protect and guarantee respect for all of their property. Par. 1 The lands traditionally occupied by indigenous are those inhabited by them permanently, those used for their productive activities, those indispensable to the preservation of environmental resources necessary for their welfare and those necessary for their physical and cultural reproduction, according to their uses, customs and traditions. Par. 2 The lands traditionally occupied by indigenous people are intended for their permanent possession, corresponding to them the exclusive usufruct of the resources of the soil, the rivers and the lakes existing therein. Par. 3 The use of water resources, including energy potentials, the exploration and extraction of mineral resources in indigenous lands can only be made effective with the authorization of the National Congress, after hearing the affected communities, whose participation in the results of the exploitation is ensured, in the manner established by law. Par. 4 Lands in this article are inalienable and non-disposable and the rights over them, imprescriptible. IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 5. 17 IACHR, REPORT ON THE SITUATION OF HUMAN RIGHTS IN BRAZIL. OEA/Ser.L/V/II.97 Doc. 29 rev. 1, 29 September 1997, Chapter VI “Human Rights of the Indigenous Peoples in Brazil”, parr. 25. [emphasis added]. 18 Annex 1. Relevant legislation. CF 1988, Article 20 XI. 16 8