The formation of the political body with the objective of ceasing the disputes between the individuals in a potential and permanent state of war was a concern wich marked the beginning of the modern age and inspired the thought of those who founded the basis of the political thought, reaching the present days. Of the same way happen with the need to maintain security as maximum function of the State. For this reason the discussion about the legitimacy, monopoly of force and of what would be the representation keep occupying central position on the effort of thinking of the viability of the form State and its possibilities. The present work aimed, from the debates that began in the modern age, do an analysis of the elements of the civil state and the political foundations in order to think about the objectives of the State as well as the construction of its democratic elements and, even, resistants. For this purpose, we support the argument in the political theories of Thomas Hobbes and Baruch of Spinoza which – representing different poles but interacting with each other – thought in the genesis, the elements and objectives of the political body, as well as in the union of the individuals under an instituted organization. We believe this way be able to plant the basis of our analysis as a presence in politics and ways of resistance to its violation.