Montesquieu: a visão liberal que moldaria a Separação de Poderes

• Autor(a) principal: Feloniuk, Wagner
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Campos Neutrais
• Texto Completo: https://periodicos.furg.br/cn/article/view/15731
• topic: Baron of Montesquieu; Liberal thought; Moderate Government; Separation of Powers; Influences in Brazil; Barão de Montesquieu; Pensamento Liberal; Governo Moderado; Separação de Poderes; Influências no Brasil

This research aims to describe the main aspects of the thought of Baron de Montesquieu, the French nobleman Charles-Louis de Secondat, who was recognized among the greatest liberals after the publication of The Spirit of the Laws in 1748. The background of the author is studied, with his social environment, education, and his thought about the human behavior, which involved a direct link with laws and culture, but also with climate, geography and the human body. After his thoughts, his ideal of government action is shown through the concept of Moderate Government, something that, because of his pessimism about the possibilities of a man to possess power without abusing it, could only be achieved if the laws shaped institutions that effectively separated power and contained abuses. After seeing how should be this division of powers and how England was the government inspiring the idea, we will see specific aspects about federation, climate and Montesquieu's texts about the colonization of America and, consequently, the Brazilian situation. Finally, the immediate repercussions of the book after lunch in Europe are shown, then the second phase of its importance, with its extensive use by the constituents of the United States in 1787 and, lastly, will be presented brief notes about his influxes in Brazil.