Аннотация:The present article has as its main scope to verify if, either by practical inheritance of its former existence, or by political necessity, the legal entity of the moderating power, in order to bring harmony and stability to State institutions, extinct with the monarchy, if was present, in some way, in the discussions of elaboration of the Constitution of 1891, or by another mechanism than the expressly legal one adopted during the period.For this purpose, after a brief study on the definition of moderating power, we move on to a greater focus on the events of the first decade of the Republic, a period in which we discussed how the new regime would be thought and formatted in the Constitution, and, mainly, its practical consolidation.Thus, through a bibliographic approach, the main proposals and ideas discussed at the time will be studied and which were effectively carried forward and under what circumstances.