Waiver of Interest Liquidation in the Execution Phase Versus the Principle of Autonomy of Will

Abstract

This article aims to provide an analysis of the origin, conceptualization, doctrine, legal framework, and jurisprudence regarding the collection of legal interest applicable to credit instruments in any form, as well as the procedural steps required within a judicial process to proceed with the corresponding execution phase for such collection. It is at this stage when procedural activity connects with the conceptualization of autonomy of will, as doctrinal studies, jurisprudence, and current legal frameworks are examined to determine whether waiving interest liquidation is applicable based on this principle, and omit this part of the process to determine that there exists a legal void, as no specific regulations address this issue, and, in turn, it can be used as interpretation in other legal bodies, particularly in the Constitution. The study adopts a qualitative approach, utilizing scientific methods for bibliographic review, resulting in an analytical and inductive investigation. The historical-logical method was also used to trace the evolution of the institution of interest in the national context.