The elements of banking interests from a human rights perspective

Abstract

The purpose of this research is to determine the nature of banking interests, from its various perspectives, as well as its principles and their evolution into basic elements for use in judicial decisions. The approach used is epistemological, applying the historical hermeneutic method and analysis-synthesis, under the technique of documentary and pragmatic observation. As a result, it was found that the judicial authority is empowered to use the elements of banking interests, weighing the principles of autonomy, beneficence, good faith, social justice, pro persona, and the right to a minimum living wage with any other principle or right of credit institutions. Finally, it is concluded that judges have the duty to ex officio protect human rights in their resolutions, preventing the execution of arbitrary acts that impact the economic capacity and quality of life of users of financial services.