A revisão da teoria da separação de poderes de Montesquieu e a crise dos estados ocidentais

Abstract

The scope of this paper is to evaluate critically about the theory of separation of powers of Montesquieu and Locke, showing that despite the Brazilian State to formally describe the existence of three powers in its constitution, has in fact materially four powers. The fourth power is exercised by the supervisory / regulatory, and these functions performed by prosecutors, courts of accounts and regulatory agencies as a means to implement the democratic rule of law. This requires making a historical analysis of the emergence of the state and which state we are highlighting the beaten path from antiquity to the contemporary state. We can not forget the moment of crisis that the state goes through contemporary mass migration of companies from Western countries to the Asian Tigers, leaving the account of the social costs to the western countries. It should be noted further contributions from the Capital Baumann on light and heavy capital and the crisis of the contemporary state. Well it should be pointed out that China is not a parent guarantor of human rights, and according to Amnesty International there are many cases of violation of human rights.