Ejecución de las sentecias judiciales

Abstract

This research that carries for title "Enforcement of Judicial Judgment" refers to the end of the process, many times doesn`t carry out leaving in simple theoretical statements the bill of rights, although being enshrined in the judgment is not comply in practice, this for the negative of the obliged to comply whit the ordered services, the lack of impulse execution by the winner of the legal battle or even the mistake in the operative part of the Judgment that prevents execution. This research work includes a study of the judgment, its parts and its different classifications, also it analyzes all elements that of one or another way affect the enforcement of judgments. On subjetc matter enforcement of judgments our law clearly expressed that the judicial process will end only with the integral enforcement of judgments, which shows that this phase is another process element and also is a key element in the effective judicial protection rights. The structure of the judgments is an act of intelligence and of volition, is the result of a thorough analysis and consequence of the legal syllogism; therefore it is the magistrate the worker justice that builds the sentence in its entirety, so is the magistrate who will do the operative part that is critical to the enforcement of sentences, for that in the development of this research will be determined the form of execution according to the classes of judgments, taking illustrative examples and also a reference to the norms relating to this theme and that naturally must be fulfilled for the judgment to take the effects for which it was issued, avoiding the destruction of the material justice fundamental in a State of Rights.