According to Montesquieu: ' ' The Legislative one makes the laws for some time forever or, and corrects or revokes the ones that are made; the Judiciary one punishes the crimes or judges the demands of particular; the Executive, being the remain to be able, exerts the too much functions of the State, the general management, consisting therefore in the executor of the laws in general ' '. Although the workmanship of Montesquieu, the Spirit of the Laws, has been written in the century. XVIII, the update of the thought of the philosopher meets in the fact to have disclosed one of the sources of the power modern politician, the law treating it to scientific form. It surpasses the traditional legalist boarding and it studies the laws as an expression of the nature of the things. Recognized already for its contemporaries the work of Montesquieu, discloses that, independently of the species of government or regimen politician of data country, the social order is, in itself, heterogeneous and subjects the social inaqualities, most diverse.
The harmonious convivncia being able between them would be a control form where a power would refrearia the abuses and arbitrariedades of the other, it is the theory of checks and balances. The theory of the tripartio being able of inspired them the elaboration of the constitution of the United States of America, and Declaration of the Rights of the Man and the Citizen. A tripartio being able of them in the constitution of the United States had intention not to allow to reciprocal interferences nor the transference or delegation of being able, and in the French revolution it found the field certain to germinate having its great moment in the Declaration of the Rights of the Man and the Citizen of 1789, that it served of preamble the Constitution of 1791, first Constitution of the continental Europe.