Commentary on Judgment No. 36567 of 2024: Failure to Pay Child Support

Judgment No. 36567 of June 27, 2024, issued by the Court of Cassation, has sparked a heated debate regarding family support obligations and the legal consequences arising from the failure to pay child support. This ruling analyzes in detail the relationship between the offenses provided for in Articles 570 and 570-bis of the Penal Code, clarifying the circumstances under which an omission may constitute a specific crime.

Regulatory Context and Facts of the Case

The Court examined the case of a defendant accused of failing to pay the support amount established in civil proceedings for the maintenance of minor children. According to the Court, the failure to pay such support results in a lack of means of subsistence for the minors, constituting a violation of Article 570, paragraph two, no. 2, of the Penal Code, regarding family support obligations. Furthermore, it was clarified that the crime under Article 570-bis, which punishes the violation of family support obligations, is absorbed by the crime of failing to pay support for minor children.

The Holding of the Judgment

Minor children - Failure to pay the support amount established in civil proceedings - Lack of means of subsistence - Article 570, paragraph two, no. 2, Penal Code - Configurability - Existence - Crime under Article 570-bis Penal Code - Absorption - Reasons. The failure to pay the support amount established in civil proceedings for minor children integrates the crime under Article 570, paragraph two, no. 2, Penal Code, and not the violation of family support obligations under Article 570-bis Penal Code, which remains absorbed, when such omission leads to the failure to provide means of subsistence, as, in the core conduct that unites the cases, constituted by the violation of the obligation of material support as a projection of the duty of care, only in the first crime is added the specializing element of the consequent deprivation of means of subsistence.

Implications of the Judgment

This ruling clarifies that the failure to pay child support not only represents a violation of support obligations but may also constitute a criminal offense. Below are some key considerations:

• The importance of support for the subsistence of minors.
• The link between failure to pay and criminal liability.
• The differences between the offenses under Articles 570 and 570-bis of the Penal Code.

In this context, the ruling reiterates the need to ensure the protection of minors' rights and the responsibility of parents to provide adequate financial support.

Conclusions

Judgment No. 36567 of 2024 represents an important step forward in protecting the rights of minor children and defining parental responsibilities. It emphasizes that the omission of support obligations can have criminal relevance, drawing attention to a consistently current and sensitive issue. It is essential for parents to understand that the failure to provide means of subsistence is not just a civil matter, but can have serious criminal implications, with significant consequences for the well-being of the minors involved.