The Principle of the Separation of Powers and Ethic-Social Erosion: A Comparative Analysis between the Victorian Order and Contemporary Disorder

 

The Principle of the Separation of Powers and Ethic-Social Erosion: A Comparative Analysis between the Victorian Order and Contemporary Disorder

The principle of the separation of powers constitutes the fundamental foundation of the modern Constitutional State, functioning as the primary mechanism for the protection of individual liberties against the intrinsic human tendency toward the despotic exercise of authority.

In academic and legal terms, this principle does not presuppose the division of a power that is, by nature, one and indivisible, but rather the distribution of distinct state functions — legislative, executive, and judicial — among autonomous and independent organs.

Classical doctrine, consolidated during the Enlightenment by figures such as Montesquieu, establishes that the harmony of the political body depends on a system of checks and balances, in which each power holds the necessary tools to oversee and limit the others, preventing the absolute concentration that historically leads to tyranny.

For the common citizen, the separation of powers can be understood as a daily security measure: the guarantee that the one who creates the rules (Legislative) is not the same as the one who executes them (Executive), and that neither of these can decide the final fate of a conflict without the intervention of an impartial judge (Judiciary).

It is the division of tasks so that no one rules alone and so that the right of each individual is respected against the abuses of rulers. However, the effectiveness of this institutional arrangement depends not only on constitutional texts, but on the ethical and moral substrate of the society that sustains it.

By contrasting the rigid ethics and the moral-religious structure of Victorian society of the 18th and 19th centuries with contemporary reality, one observes a transition from an order based on duty, the fear of God, and institutional stability to a scenario of disorder characterized by materialism, political alienation, and the erosion of morals, ethics, and respect for human dignity.

The imbalance between the powers, manifested in current Brazil through an increasing judicialization of politics and a concentration of attributions in the Executive, reflects not only an administrative failure but a profound moral crisis that affects all spheres of civil, military, and legal life.

Academic and Legal Foundations of the Separation of Powers

The theory of the separation of powers evolved from rudimentary observations in Classical Antiquity to become the "entrenched clause" (cláusula pétrea) of liberal democracies.

Aristotle already identified the need to distinguish between deliberations on public affairs, the body of magistrates, and the judicial body, although this distinction did not aim at individual liberty in the modern sense, but at the efficiency of the polis. It was only in the 18th century, under the aegis of the Enlightenment, that the theory gained the contour of an instrument for limiting arbitrariness.

The Evolution of Political Thought and the Tripartition of Functions

The transition from the absolutist model to the constitutional one required that political power be fragmented to be controlled. John Locke, in his "Second Treatise on Civil Government," proposed a functional division, but it was Charles-Louis de Secondat, the Baron de Montesquieu, who immortalized the triad in his work "The Spirit of the Laws" (1748).

Montesquieu started from the premise that "every man who has power is tempted to abuse it," making it necessary that "power check power."

Legally, functions are classified into typical and atypical, as shown in the table below:

| Power | Typical Function | Atypical Function (Examples) | Responsible Organ (Brazil) |

|---|---|---|---|

| Legislative | Create laws and oversee the Executive | Judge crimes of responsibility; administer its servants | National Congress (Chamber and Senate) |

| Executive | Administer public affairs and apply laws | Edit provisional measures (legislate); judge administrative processes | Presidency of the Republic and Ministries |

| Judiciary | Judge conflicts and apply the law to the case | Elaborate internal regulations (legislate); administer courts | STF, STJ, Courts, and Judges |

Source: Elaborated based on [References].

In the Brazilian legal system, Article 2 of the Federal Constitution of 1988 enshrines the principle as one of the foundations of the Republic, requiring that the powers be "independent and harmonious among themselves." However, contemporary academic analysis points to concerning distortions, such as the hypertrophy of the Executive and judicial activism, which alter the original balance and generate inefficiency in the satisfaction of the common good.

The Perspective of the Common Citizen: Why Separation Matters?

For the citizen, the principle means that liberty is not at the mercy of a ruler's mood. When the Executive tries to impose its will above the law, the Judiciary must intervene to annul the act. When the Judiciary exceeds its functions, the Legislative can propose amendments or initiate oversight processes. This system of checks and balances ensures that power emanates from the people and is exercised within rigid ethical and legal limits. The lack of this reverential fear of rules and the Constitution opens space for what is termed political "anything goes" (vale tudo), where impunity and corruption corrode trust in institutions.

Ethics and Morality in Victorian Society: Fear of God as a Social Stabilizer

Victorian society (1837-1901), although marked by internal contradictions, presented a code of morality and ethics of a rigidity almost unreachable by modern standards. This period, characterized by the Pax Britannica, grounded its stability on a tripod composed of religion, respect for constituted authorities, and a deep sense of patriotic duty.

Religious Structure and Burke's "Religious Animal"

In the 18th century, Edmund Burke, frequently considered the father of modern conservatism, argued that man is, by constitution, a "religious animal." For Burke, atheism and the radical secularization of politics were recipes for social disaster, as they removed the moral "cement" that united society in its organicity. The fear of God was not just a matter of individual faith, but a principle of governance: the recognition that the sovereign and the magistrates would be accountable to a higher authority.

Religion functioned as the guardian of the social ethos, promoting solidarity and the moderation of "self-love" in favor of the common good. In the Victorian era, this religious fundamentalism, sometimes criticized for its excess of puritanism, generated a society where public conduct was watched and crime had low tolerance. The dignity of the human person, in that context, was intrinsically linked to the fulfillment of the social and moral role of each individual within the traditional hierarchy.

| Ethical Dimension | Victorian Society (18th/19th Cent.) | Contemporary Society |

|---|---|---|

| Moral Foundation | Religion and Tradition | Materialism and Relativism |

| View of Man | Moral and Religious Being (Duty) | Autonomous Individual (Desire) |

| Authority | Delegated by God / Hierarchical Respect | Questioned / Crisis of Legitimacy |

| Homeland | Love and National Devotion | Alienation and Political Disinterest |

| Family | Sacred Institution and Social Unit | Based on Affectivity and Individualism |

| State | Guarantor of Order and Peace | Arena of Conflict and Corruption |

Source: Synthesis based on [References].

Victorian stability stemmed from the acceptance of a natural order, where respect for authorities and laws was seen as a reflection of divine obedience. The rupture with these values, initiated with the abstract rationalism of the Enlightenment and intensified by modern materialism, is seen by critics like Burke as the origin of disorder and "democratic tyranny."

Contemporary Disorder: Materialism and Mental Alienation

In contrast to Victorian rigor, contemporary society faces what many describe as a "social barbarism" of capital. Materialism, by reducing human existence to the satisfaction of productive needs and consumption, promotes an alienation that strips the individual of their transcendental and ethical dimension.

The Erosion of Principles and Lack of Fear of Authorities

Contemporary political and social alienation manifests in the "lack of love for the homeland" and disrespect for constituted authorities. Max Weber already noted that, in a disenchanted and secularized world, ethics comes to reside only "in the breast of each man," making a robust collective ethics impossible. Without the fear of God or respect for absolute principles, politics transforms into a "relativistic dictatorship of the majority opinion," where truth is sacrificed in the name of utility.

Moral corruption, individual and collective, driven by an "anything goes" search for power and material gain, directly hits the dignity of the human person. As pointed out by the Inter-American Commission on Human Rights, corruption in the management of public resources is not just a financial crime, but a systemic violation that deprives millions of people of basic rights such as health, education, and security, corroding the principles of equality and justice.

Impact on the Dignity of the Human Person and the Family

The family, once the fundamental nucleus for the transmission of values and social rooting, has undergone profound transformations. Modern sociology describes the current family as "conjugal, relational, and individualistic," where the focus has shifted from the preservation of the institution to the realization of individual desires. While this change brought greater freedom of choice and valuation of affectivity, on the other hand, it weakened the bonds of duty that maintained social stability.

The disorder extends to the military and civil areas, where hierarchy and respect, pillars of the Victorian order, are replaced by "bestiality" and a lack of empathy. Human dignity becomes the focus of the legal order on paper, but in practice, it is debased by impunity and the depravity of customs.

Denial of Access to Justice and Corruption of the Legal System

One of the most serious symptoms of the current disorder is the crisis of the judicial system, which should be the last refuge of citizenship against arbitrariness. The "denial of access to true justice" occurs both through economic and procedural routes as well as through ethical deviations within the magistracy itself.

Judicialization of Politics and Judicial Activism

The judicialization of politics means the decisive intervention of the Judicial Power capable of affecting the political situation. Although presented as a democratic instrument for the realization of fundamental rights, it generates institutional insecurity resulting from variable judicial interpretations and a lack of direct democratic control over judges. This phenomenon is seen by critics as a usurpation of the principle of the separation of powers, where the Judiciary begins to legislate or dictate public policies, often guided by ideologies instead of the cold letter of the law.

Judicial Perspectives and the 2026 Scenario

The Brazilian judicial horizon for 2026 points to Herculean challenges. The National Strategy of the Judicial Power provides for efforts to make criminal justice more effective and inclusive, seeking to resolve chronic irregularities in the prison system and accelerate the trial of corruption cases. However, high-profile cases continue to test the impartiality of the system:

| Case / Process | Object of Discussion | Social Implication |

|---|---|---|

| Governor of Acre | Crimes of responsibility and corruption | Test of impunity for political elites |

| TCE-RJ Councilor | Money laundering and administrative corruption | Erosion of public morality in account auditing |

| Refugees in Guarulhos | Fundamental rights and international commitments | Tension between national security and human rights |

| Energy Exploration (Fracking) | Environmental impact vs. economic development | Judicialization of technical and strategic themes |

Source: Synthesis of processes planned for 2026 based on [References].

The fight against corruption in Brazil allows agents to be prosecuted administratively, criminally, and civilly, but the effectiveness of this triple responsibility system is frequently questioned by slowness and selectivity, which characterizes the "denial of access to true justice."

Case Study: Precedent 79 (Súmula 79) TJRJ and Institutionalized Injustice

A practical example of legal disorder and lack of respect for individual rights is the history of Precedent 79 (Súmula 79) of the Court of Justice of Rio de Janeiro. This precedent established that, in respect for the principle prohibiting unjust enrichment, homeowners' associations could charge fees from non-members for services provided in the locality.

From Collectivism to Unconstitutionality

The application of this precedent generated what many called "false condominiums," where property owners in open subdivisions were forced to pay fees to private associations without ever having joined them. This scenario represented a direct affront to the freedom of association guaranteed by the Constitution. The Superior Court of Justice (STJ) and the Supreme Federal Court (STF), through Theme 492, eventually considered such charging unconstitutional for the period prior to Law No. 13,465/2017, unless the resident had explicitly agreed or the obligation was recorded in the property deed.

This case demonstrates how the judicial system can sometimes create mechanisms that favor "anything goes" and forced collection to the detriment of legal certainty and individual property. The cancellation of the effects of Precedent 79 reflects a belated attempt to restore justice, but the existence of such practices for decades contributed to the perception of an unjust and partial justice.

The Destruction of Human Dignity through Bestiality and Impunity

The original demand highlights the "bestiality" and "lack of love" that prevail in contemporary society. These terms, though strong, find an echo in the analysis of the "structural crisis of capital," where alienation/estrangement becomes the crucial problem of our historical time. Man ceases to be seen as a subject of rights and starts to be treated as a "sensitive object" of production and profit.

Lack of Ethics in Civil and Judicial Spheres

Administrative and judicial corruption does not only affect public coffers; it destroys the mutual trust necessary for life in society.

When the constituted authority — which according to Victorian Christian ethics should be the "minister of God for good" — becomes the agent of corruption, the implicit social contract is broken.

Widespread impunity generates a cycle of lack of love and disrespect, where crime pays and virtue is ridiculed.

The dignity of the human person, proclaimed as a foundation of the Republic in Art. 1, III of the CF/88, becomes empty rhetoric in the face of the denial of access to dignified and impartial justice.

The referred "political mental alienation" is the result of an education and media that promote materialism and consumerism, distancing the citizen from reflection on the common good and their own transcendence.

Comparative Synthesis: From Victorian Order to Contemporary Chaos

To facilitate the understanding of the ethical-social abyss discussed, the table below compares the pillars of social organization in both periods:

| Social Pillar | Victorian Model (18th/19th Cent.) | Contemporary Model (Brazil/21st Cent.) |

|---|---|---|

| Dominant Ethos | Duty, Honor, and Fear of God | Pleasure, Consumption, and Relativism |

| Family Structure | Unit for transmission of moral values | Unit for affective/individual satisfaction |

| Respect for Law | Reverence for authority and natural order | Search for legal loopholes and impunity |

| Role of Religion | Cement of social organicity | Privatized or marginalized in public life |

| Justice | Based on absolute moral principles | Judicialization and ideological activism |

| Human Dignity | Linked to character and social role | Proclaimed on paper, but debased in practice |

Source: Elaborated based on the cross-referencing of data from [References].

The transition between these models was not a harmonic process, but a rupture marked by the discarding of tradition in favor of an abstract rationality that, in trying to free man, ended up alienating him and leaving him vulnerable to "democratic tyranny" and unbridled corruption.

Conclusions and Considerations on the Social "Anything Goes"

The principle of the separation of powers, in its academic and legal conception, remains the most refined technique of political engineering for the preservation of liberty. However, its functionality is intrinsically linked to the moral fiber of the nation. The comparison with Victorian society reveals that, although technological progress and the broadening of individual rights are undeniable achievements of modernity, the loss of the sense of transcendence, respect for authority, and the reverential fear of the law created a catastrophic ethical vacuum.

This vacuum was filled by a materialism that alienates the citizen from their civic duties and transforms the State into a source of privileges and corruption. The "denial of access to true justice" is not an error of the system, but a logical consequence of a society that abandoned the principles of fear of God and love for the homeland in favor of depravity and the incessant search for material power.

The restoration of the dignity of the human person and the stability of families requires more than legislative or judicial reforms; it demands an ethical renewal that rescues the value of truth, impartiality, and respect for legitimately constituted authorities. As long as "anything goes" and impunity predominate in the civil, military, and political areas, the separation of powers will be only an architectural formality in a social building in ruins. True justice will only be accessible when society relearns to balance individual liberty with moral duty and respect for the permanent foundations of human dignity.

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