The three Powers are the Executive, the Legislative and the Judiciary. These Powers form the political and administrative structure of most countries and this division is based on the doctrine of separation of powers.
Although similar forms of political organization have been the subject of discussion since Antiquity, it was during the Enlightenment, with Montesquieu (1689 - 1755), that this structure was systematized.
In Brazil, the division of Powers into Executive, Legislative and Judiciary is stone clause, that is, it cannot be changed even by Proposal of Amendment to the Constitution (PEC).
Functions of the Executive, Legislative and Judiciary Powers
A State that adopts the doctrine of separation of powers is formed by the Executive, Legislative and Judiciary. Brazil adopted this structure of political power organization for the first time in 1824, but it was in the 1988 Constitution that the functions of each Power were established.
Understand the assignment of each of the three Powers:
Executive power
The Executive Branch is responsible for state administration, its name derives from the idea of executing the law, as it is the bodies of this Power that must put into practice what is determined by the Legislative Power.
Considering the levels of government, the heads of the Executive Power are: the President of the Republic, the state governors and the mayors of the municipalities - all democratically elected. It is the Executive Power's responsibility to identify society's demands and act to ensure what is provided for in the law.
The Executive Branch bodies deal with issues that directly impact the lives of citizens, such as health, education, safety, infrastructure and leisure.
Learn more about Executive power.
Legislative power
The Legislative Power has the role of legislate, that is, create, modify and annul the laws that govern the country. In addition, it is up to the Legislative inspect the executive regarding compliance with laws. Both functions are equally important.
Representatives of the Legislative Power are democratically elected and represent the population. At the federal level, it is composed of federal deputies and senators; at the state level, by state deputies; and at the municipal level, by councilors.
Learn more about Legislative power.
Judicial power
The Judiciary is responsible for interpret the laws and judge concrete cases. It is composed of judges, who must make decisions when there are conflicts between people in society, based on the country's legal system.
The members of the Judiciary, unlike the Legislative and Executive, are not elected by the population and therefore are not representatives of the people. The judiciary is made up of public-sector judges and the ministers of the Supreme Federal Court - the country's highest court - are appointed by the President of the Republic.
Learn more about Judicial power.
History of the Three Powers
Even in antiquity, Aristotle had already described in his work "The Politics" the bases of a State divided into three Powers, but it was in 1748, with the publication of the book "The Spirit of Laws",inMontesquieu, that this doctrine has been better systematized.
Montesquieu was an Enlightenment philosopher who lived between the 17th and 18th centuries in a political context in which absolutist monarchies were beginning to weaken. In his book, Montesquieu sought to defend the individual freedoms of citizens.
According to Montesquieu, any man who had power would tend to abuse it. That is why the existence of laws and the separation of Powers was important, so that the power to create, execute and judge laws was not concentrated in just one person.
Understand what the enlightenment it's the absolutism.
These Absolutist States, which predominated in Europe between the 16th and 18th centuries, were ruled by monarchs who concentrated power in their hands, justified by religious reasons. This means that Power emanated from the king and he was responsible not only for creating the laws, but also for their execution and judgment.
With the beginning of the bourgeois revolutions and the questions provoked by Enlightenment thinkers, the absolutist regimes began to be questioned by the people, who demanded the participation in political decisions and defended the an end to privileges and abuses of power.
It is in this context that States start to adopt Montesquieu's doctrine of the separation of Powers for political organization. This division was intended to decentralize power from the hands of the monarch and avoid excesses committed by the rulers.
In theory, power comes to emanate from the people and the actions of the State must follow the provisions of the Constitution. The tripartition of Powers foresees that different groups of people create, execute and judge the laws and that each one of these Powers act independently, but harmoniously.
See also the meanings of legal order, stone clause and constitutional amendment.