Thanks a lot Gunni it's working now!
I have made a patch to ease the process instead of manually commenting those lines. I'm wondering, why this workaround cannot be merged into the v4l tree, what is preventing to solve this bug since 2009-09-30?
Here I left some instructions to other with this problem, download the attachment to this post and follow these steps:
1- Download v4l source code from repository:
hg clone http://linuxtv.org/hg/v4l-dvb
2- Copy the patch file to v4l-dvb/linux/drivers/media/video/cx88/
3- Apply the patach
patch cx88-dvb.c cx88-dvb.c.patch
4- Go back to the root v4l-dvb folder and compile v4l:
5- If on ubuntu, make sure to remove FireDTV modules, for that do:
6- Install the drivers:
sudo make install
Now reboot, and it should be working.