The current concept of separation of powers of the state emerged with Baron de Montesquieu in 1748, in his book The Spirit of the Laws, and although similar ideas already existed since Ancient Greece, it establishes that the State should be divided into three powers: Executive, Legislative and Judiciary.
Baron de Montesquieu arrived at his theory of the tripartite division of powers by studying the work of theorist John Locke, who already pointed to the need for a division of powers. Locke's theory, contained in his 1689 book "Second Treatise of Government," understood that the Legislative, represented by Parliament, would be a superior power to the Executive and the Federative (the power responsible for the government's international relations). In his theory, the Judiciary would not even be considered a power, being a mere attribution of the Executive.
This division of the State, proposed by both Locke and Montesquieu, was motivated by preventing the abuse of power by the absolutist rulers of the time in Europe.
In this sense, Montesquieu also proposed the so-called Checks and Balances mechanism, which would consist of the idea that each of these three powers (Executive, Legislative and Judiciary) has the duty to monitor each other, limiting the possible abuses, excesses and omissions of each one.
Our 1988 Federal Constitution incorporates the tripartite division of powers and checks and balances in its Article 2, structuring the Brazilian State into legislative, judicial, and executive branches. It further stipulates that the actions of these branches must be independent and harmonious.
THE Executive It has the function of administering public affairs and executing laws and public policies, and is composed of the President at the Union level; State Governors; and Municipal Mayors.
THE Legislative It is the power responsible for making and voting on the country's laws, and is composed of Federal Deputies and Senators within the Union, forming the National Congress; State and District Deputies in the States and Federal District, respectively; and Councilors in the Municipalities.
Already the Judiciary It is the power that ensures the due enforcement of laws, adjudicating all types of conflicts related to the country's legislation. It is composed of Judges, Justices, and Ministers.
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REFERENCES
GUEDES, Mauricio Pires. The Separation of Powers and the Judicial Function in John Locke, Montstesquieu and Hamilton, Madison and Jay. Journal of Theories and Philosophies of the State, Minas Gerais, v. 1, ed. 2, p. 36 – 53, 2015. Available at: https://www.indexlaw.org/index.php/revistateoriasfilosofias/article/view/669/pdf. Accessed on: March 2, 2021.
LOCKE, John. Second Treatise on Civil Government. Trans. Alex Marins, São Paulo: Martin Claret, 2003.
MONTESQUIEU, Charles de. The Spirit of Laws. 9th ed. São Paulo: Martin Claret, 2010. 740 p. ISBN 978-8572326445.