Political pluralism – as a structuring principle of society, market and State according to the Democratic Rule of Law paradigm, affirmed by Brazilian Federal Constitution of 1988 – imposes re-reading the principle of isonomy and its impact on the subject of the civil capacity of the members of indigenous peoples. Material and formal equality is enriched as access to goods produced in social and intergenerational cooperation, with respect to identities and valuing diversity. Brazilian Constitution canvasses an original look at Brazilian legal and political history, imposing the overcoming of the assimilationist perspective of the norm of integration directed at the indigenous peoples inserted in the Statute of the Indian (Federal Law n. 6.001/1973) – which makes the recognition of its non-acceptance by the current Constitution urgent. This work aims to describe the referred legal norm and its position in relation to the Constitution, as well as Rev. Faculdade de Direito | ISSN: 0101-7187Rev. Faculdade de Direito, 2022, v. 46: e6598610.5216/rfd.v46.65986those contained in other national and international norms. It is also intended to understand the practical aspects of such a norm of integration from the reading and analysis of the jurisprudence of different Brazilian Courts, especially the Federal Supreme Court, in its role as privileged (but not exclusive) interpreter of the Constitution. The analysis of Constitution, ILO Convention 169 (with its supralegal status in Brazilian legal system) and Courts’ decisions allows us to conclude that indigenous people exercise full legal capacity. There no place in contemporary legal system to legal rules that restrict legal capacity of any person due to her belonging to traditional and original communities.