ABSTRACT The main purpose of this research was to clarify certain concepts and dogmas in relation to fundamental rights that are violated in the execution of the suspended sentence in a process of omission to Family Assistance, which are the right to dignity, The best interest of the child and the right to food. The objective is to determine how, with a suspended sentence, this violation of fundamental rights occurs, taking into account that in both doctrine and jurisprudence there are more than two positions (aggravating) and mitigating (lacking financial resources) with The purpose of assessing whether a suspended sentence violates the fundamental rights mentioned above, analyzing doctrine, surveys and comparative law. In the present study we applied the type of qualitative research, the method used was the Historical - Causal, since it is that from the facts already produced that base...