What it exists they are adjusted laws more or less to one determined people and one determined circumstance of time or place. The influence of Montesquieu in the elaboration of the Modern State Montesquieu, according to Valverde (2007), creates a theory established in the freedom and justice. A society that feels to have injustice and lacks of the freedom is an unstable society. Montesquieu (2007, p.165) defends the freedom politics and appeals the laws as instrument of being able, that they conduct the relations between that they are governed and the ones that govern. The nature human being is subjects the errors and according to this philosopher ' ' all man who has the power is taken to abuse it. ' ' (MONTESQUIEU 2007, p.164) and so that if he cannot abuse the power she is necessary that for the disposal of the things the power contains the power. Therefore one becomes necessary dividiz it in: legislative, executive and judiciary, being this the bedding of the beginning of the Tripartio Being able of them. ' ' Everything would be lost if the same man or the same body of the main ones, or the noblemen, or of the people it exerted these three to be able: to create the laws, to execute the public resolutions and to judge the crimes and complaints of particulares' ' In other words, the last objective of the order politics, in the vision of Montesquieu is to assure the moderation of the power by means of ' ' cooperation harmnica' ' it enters them to be able of the State of form to confer a legitimacy and administrative rationality to such state powers, that must and can result in a balance being able beat of them. In the contemporaneidade Science Politics recognizes that one of the estimated ones of the Democratic State of Right is the three existence to be able independent and harmonic: the Legislative one, the Executive and the Judiciary one.