EL PROCESO EJECUTIVO CIVIL BRASILEÑO: COMPARACIÓN CON EL ESPAÑOL - THE BRAZILIAN CIVIL EXECUTIVE PROCESS AND A COMPARASION WITH ITS SPANISH CORRELATIVE

When the State exercises its jurisdictional function, it intends to make effective the tutelage, the security and the Justice equal for all, assuring the realization of the juridical order by the application of the objective Law. The cognitive jurisdictional function is divided in: declarative, constituent and the function of condemnation or commandment. Both of them culminate in a sentence, containing the judicial pronouncement with arrangements to the right, it does not matter what it will be. Sometimes the referred function finishes with that simple pronouncement. However, the judicial resolution may indicate an accommodation from the reality to the order, which does not come automatically. It should be guaranteed, therefore, for an ulterior activity procedural called execution. This activity is subdivided in voluntary or mandatory, according to their execution way. The latter is an indispensable way of guarantying that people can obtain, in a tangible and practicable way, all the goods and rights the juridical order assumes as belonging to them. It highlights the existence of certain documents that have similar execution through a legal benefit, created with no judicial presence, but that contain a pact of subjection to the executive activity (pactum executivum) in case of an eventual disruption of the obligation included in them. This thesis takes Brazilian civil executive process as the object of investigation and makes a comparison study with the Spanish one. In that context, a parallelism has been made among the Brazilian executive law, the old Spanish law and its new legislation of effective civil prosecution. In addiction, the relevance of the executive’s principles has been focused in both legislations. The comparison approach has presented the general rules of the execution processes at its different classes: the execution itself, the singular and collective ones, with their specific procedures - the debtor opposition form, the suspension and the extinction of the mentioned process. In conclusion, the study has proposed some suggestions for an executive process modification in Brazil as well as in Spain.Referência completa: GOMES, Magno Federici. The Brazilian Civil Executive Process and a Comparasion with its Spanish Correlative. Michigan: ProQuest Information and Learning Company, 2003. v. 1. p. 673.