The reduction of the procedural burden and the principle of opportunity in proceedings for failure to provide family assistance.

Abstract

Objective: To determine whether the application of the principle of opportunity reduces the procedural burden in cases of failure to provide family support. Specific objectives: To analyze whether the principle of opportunity can prevent cases from going to the Preliminary Investigation Court and to analyze whether it optimizes procedural speed. Methodology: Qualitative research, basic type, with an interpretive design based on grounded theory. Data collection instrument: Interview guide, interview technique. Results: The application of the principle of opportunity does not reduce the procedural burden, as it delays the fulfillment of child support obligations and increases the procedural burden. Conclusions: The application of the principle of opportunity is not effective in reducing the procedural burden in family support omission cases. While it simplifies the process, the commitments are not adequately fulfilled, leading to the initiation of criminal action and increasing the judicial and fiscal procedural burden.