Factors that Affect Compliance with the Judgment of the Executive Process Provided for in the General Process Code that May Affect the Materialization of Effective Judicial Protection

Abstract

This research article analyzed the factors that affect the execution of the sentence and hinder the realization of effective judicial protection in the civil executive process within the framework of the General Code of Process in Colombia. Because in practice there are difficulties in the full materialization of judicial rulings, this research identified normative and exogenous elements that affect this phenomenon. To fulfill this purpose, a qualitative methodology was used from the interpretive paradigm, applying documentary collection techniques and semi-structured interviews. The results showed the existence of regulatory factors such as the insolvency of the debtor and limitations on the embargo, as well as exogenous factors coming from errors of judicial actors and management problems, which hinder the effective execution of sentences in civil executive processes. It was concluded that some of these factors, especially exogenous ones related to deficiencies in the performance of judges and lawyers, violate the right to effective judicial protection of the plaintiffs. However, other regulatory elements are a legitimate part of the procedural balance between the parties.