A doutrina da separação dos poderes

Abstract

The present research arises from the concern about the origin and necessity of the doctrine of the separation of powers, which is established as a way of limiting political/legal power by dividing it into autonomous spheres in order to guarantee its effective performance and not endangering the individual liberties in the process. Thus we start by inquiring into classical antiquity, especially Aristotle’s ideas of the body politics’ composition in order to arrive at the modern English experience of rule of law, as it was devised early in the XVII century to surmise his conceptions of the organi path to this has as its starting point the idea of political thought developed in Antiquity Classic by Aristoteles - where various social groups participate in the effective exercise of political power in a homogeneous way - going through the English rule of law that identifies in Parliament the resistance to autocracy which gives rise to the allocation of powers in this regiment. Moving on to John Locke, who sees the Legislative Branch as superior to the rest; Montesquieu with tripartition of the functions of state power and the division of powers into social estates; and, finally, Jean Jacques Rousseau who indicates the people as the sovereign entity, since, for this, there is no figure of the sovereign in one person.