These proposals had been initially accepted in the Constituent National Assembly and inserted in the first draft (BRAZIL, 1987b) elaborated and approved in this Subcommission: Art. 5 the education of ‘ ‘ History of the Black Populations of the Brasil’ ‘ he will be obligator in all the levels of the Brazilian education, in the form that the law to make use. To the being submitted to the Thematic Commission of the Social Order (BRAZIL, 1987a), it suffers alteration. Art. 85 the public power will reformulate, in all the levels, the education of history of Brazil, with the objective to contemplate equality the contribution of the different etnias for the multicultural and pluritnica formation of the Brazilian people. Finally, approved in the Commission of Systematization (BRAZIL, 1987b). Art. 242 – The education of history of Brazil will take in account the contributions of the different ethnic cultures and for the formation of the Brazilian people.

The justification presented for the withdrawal of this proposal of the constitutional text was of that, for if dealing with a very particular question, it would have to be boarded in specific complementary legislation. He is well-known that, exactly the Constitution of 1988, considered as a landmark in the history of the social inclusion, did not contemplate in its articles the claims of the movements, here in this case the Black movement. 15 years later the movement it only saw its claims if to materialize, with Law 10,639/03, which modified 26 Article and Article 79 of Law 9394/96 (LDB). The Article 26-A again was modified in 2008 for Law 11,645/08, with the objective to add the question aboriginal, being the writing in the following way; Art. 26-A. In the basic average education and educational establishments, private public and, become obligator the study of history and culture afro-Brazilian and aboriginal.