A separação de poderes como fundamento do estado de Direito Democrático em Montesquieu

Abstract

This monograph is entitled The Separation of Powers as the Foundation of the Democratic Rule of Law in Montesquieu. Its objective is to reflect on the separation of powers in Montesquieu and how this separation of powers underpins the Democratic Rule of Law. The separation of powers emerged in response to the political-libertarian declines that governments were experiencing, which constantly and incessantly galvanized the concentration and abuse of power. Aiming to better govern the polis, Aristotle initiated what would later become the separation of powers by dividing governments. However, it is with the idea of ​​the Rule of Law that Locke presents significant advances in the separation of powers that would later be developed by Montesquieu. In this separation, Montesquieu seeks to deconcentrate the power of the State in a single person and to make the three powers independent of each other. Thus, a new way of limiting power is developed with the idea that only one power can limit the other. However, the question is how the separation of powers underpins the Democratic Rule of Law? What would be the relevance of the separation of powers proposed by Montesquieu? Thus, it will be understood that the Democratic Rule of Law seeks its legitimacy and raison d'être in the separation of powers. This separation of powers proposed by Montesquieu, in its secularization, has undergone improvements as can be seen in the idea of ​​Check and Balances in the American Constitution. Furthermore, the analysis of the separation of powers in the Mozambican context reveals challenges that hinder the effective applicability of the separation of powers. Here, although the powers are separated, they are linked to party hegemony.(TRADUÇAO NOSSA)