Publicación:

El delito de inasistencia alimentaria y la terminación del proceso por pago de la obligación alimentaria: análisis crítico

Resumen

The problem of food non-attendance has been addressed in the country, at a legal level, for a long time and the legislator has sought mechanisms to find the best solutions to the issue. However, it has not been possible to resolve the situation by virtue of all the implications it has, from a conception of human rights. This research seeks to analyze this problem, considering that the decision to end the feeding process for the payment of the obligation seems to violate the rights. It explains what constitutes the crime of food non-attendance, its historical evolution, its normative scope and provisions that allow those who have the right to receive food, to claim them by criminal law, when civil jurisdiction is not enough to do so. Likewise, the effectiveness of the criminal norm is determined in the face of the social problems generated by the lack of food assistance of those who have the obligation to supply it, specifically with the entry into force of Law 1542 of July 5, 2012, by which Article 74 of Law 906 of 2004 is amended, which eliminated the character of quasible and desistible crimes of intrafamily violence and food non-attendance. The research is qualitative, with emphasis on the documentary review.