Theory of econtrapesos brakes. The theories of Montesquieu had become basic points dacincia politics and had fed the ideas of the constitutionalism epermanecem until today as one of the conditions for the Modern doEstado functioning. Montesquieu and the Spirit of the Laws a good way to understand the formation of the modern state is to know what it wrote Charles de Louis de Secondat Montesquieu in Of l’ Esprit DES Lois. its more famous workmanship, published in 1748, where it elaborates concepts on government forms and exercises of the authority politics that if had become basic doctrinal points of science politics. Philosopher and influential iluminista thinker in> history and in the constitucional law was also a great prosador, member of the aristocracy lived at the time that it preceded the French revolution. Proficient writer, conceived important and influential books, as Persian Letters (1721), and Consideraes on the causes of the largeness of the Romans and its decay (1734). In Spirit of Laws, work of twenty years, Montesquieu analyzes relations that the laws have with the nature and the principles of each government, developing theory politics that fed the ideas of the constitutionalism, that in synthesis, it searched to distribute the authority for legal steps, in order to prevent the will and the violence.

It also presented the tripartio being able of that, beyond giving them rational estruturao to the State, one was about a natural form of distribution, has controlled and limitation of the power politician. In the workmanship it is presented of three species of government: republican, absolute in power monarchist and (MONTESQUIEU, 2007, p.23). Each one defined for reference two concepts, nature and the principle: ' ' nature is it makes what it to be as is and the principle is what it makes it agir' ' (MONTESQUIEU, 2007, p.34). In the republic the nature is the association of all for the common good and the principle the virtue, the zeal for public good; in the monarchy the power of one is only regulated by basic laws, is conducted by the honor of the governor in being just; the absolutism also is one government only however without the prescribed laws, it has the fear as principle. .