Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

79 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS identity, territories and modes of social organization, differentiated as a special dimension for the international regime of human rights. This fra- mework, added to the constitutional reforms of States, and the inherent maintenance of the coherence of the international system of human rights, came to constitute an important external resource, encouraging political confrontation directed towards the State. 11 ” As can be seen, history provides three well defined cycles in the evolu- tion of indigenous rights.The first occurs with the incorporation of indige- nous individuals in the context of human rights; however, from an assimila- tionalist point of view, integrating to global society.The second cycle stems from the deepening of the concept of cultural diversity and multicultura- lism.The third and final cycle is organized by the idea of juridical pluralism and customary indigenous law. In this scenario, the Awas Tingni case against Nicaragua which is un- der study here constitutes an important judicial paradigm, since the indige- nous people themselves become protagonists on the international scene in defense of their rights and in the formation of their own citizenship. 3. NATIVE LANDS Indigenous ownership of lands traditionally occupied, even though constitutionally guaranteed by many countries in the Americas 12 , is one of the controversial subjects of contemporary law. It truly creates crossings over juridical-constitutional borders. Strictly speaking, it leads to areas beyond juridical science, perhaps involving anthropological and interdisci- plinary questions – sometimes difficult to verify – or limiting (often preda- tory) economic advantage in certain regions. The interests involved in the process of recognizing and delineating indigenous lands are many, almost 11 Idem, p. 122. 12 Constitutions: Argentina (Art. 75), Bolivia (Art. 289-296), Brazil (Art. 231), Colombia (Arts. 96, 171, 246, 329, 330), Costa Rica (Art. 76), Ecuador (Arts. 56-60), Guiana (art. 142), Mexico (art. 113), Venezuela (arts. 119-126), amongst others.