The Omission Of Family Assistance

The omission of Family Assistance

Truality, in our country the trances are presented through the lack of food obligation payments by food due, and this has been seen in increase due to the state of emergency decreed by the State, with the subsequent mandatory social isolation, Situation that has generated that many do not comply with their obligations, mostly by alien factor (pandemic) to their sphere of control, given the extreme situation we live, there is no regulatory regulation in this regard. While there is protection for the child, there should also be protection for the obligor in periods such as pandemic and mandatory social isolation since many of his rights are violated such as personal freedom, free transit, etc. Taking into account that the majority of the Peruvian population lives from the day to day and therefore, when these protection measurement are imposed, such as social isolation, it causes the economic situation of many workers to be affected and consequently they fail to comply with their obligation.

It is not a novelty that more and more people are breached with the payment of the food pension, being this crime of omission to family assistance the one with the highest incidence in recent years in Peru. For the pandemic this legal mandate that rules the food debtors to comply with the payment of the pension, has been seen in greater magnitude of affectation due to the extreme situation in which we find ourselves.

This crime is increasing, if we place it within the surroundings of the pandemic, we could say that it is something temporary and that when returning to normal, the reintegration of the economy will be given and this will partially reduce the overflowing growth of said breach.

The Covid 19 Pandemia has been given only, however in history there have been various extreme situations, however there is a lack of regulations regarding this crime. It should also be considered that human groups are exposed at any time to situations of this nature and there must be an express ordination about it, which is as such for future scenarios.

The purpose of this investigation is to establish an optimal regulation for the protection of both subjects (creditor and food debtor) since when there is a firm judicial resolution, the debtor is obliged to comply with the provisions because if he omits his obligation He will be imposed a private sentence not exceeding 3 years, or provision of community service from twenty to one hundred fifty -two days (C.P. Art 149), therefore taking into account the time in which we were considered inopitation.