This article is about the Statute of the Indian from the educational point of view of equality. It aims to approach one of the branches of social rights, regarding education. This education is protected by the 1988 Constitution of the Federative Republic of Brazil and must be provided on an equal basis for students of basic education and indigenous academics. It is a fact that traditional populations, from basic education, receive an education in a different way, because of their language, customs. Based on this premise, the research sought to answer why offer differentiated treatment in basic education (primary and secondary) and not give the necessary support in higher education? In this context, we sought to get to know the reality of the indigenous peoples in terms of education, from the first steps until they entered the University. In addition, factors were pointed out that make it difficult for these scholars to remain in universities and the possible ways to attenuate the existing discrepancies in education and opportunity between indigenous and non-indigenous people. The methodology applied was the bibliographic review, with the use of books, legislation (especially the Statute of the Indian) and articles hosted in online journals. The results showed that despite the advances, there is still a long way to go to achieve an ideal education.