At present, the crime of Food Inastence (Article 233 of the CP) was analyzed based on the complaints and convictions reached in the country during the period from 2012 to 2016 and the implications of affirmative action as an instrument of protection of the human right to The equality of victims (Attorney General of the Nation), for this purpose, the statistics on income (in progress: archives, others, and exits: conciliation, convictions and acquittals, estoppel, Prosecutor’s Office of the country, regarding the crime of food failure in the period 2012 to 2016; Establishes from the vision of the Prosecutors of the Sectional, the most relevant facts that characterize this crime; Determines the role that the Colombian State assumed, in order to address the problems generated by the crime of nonfood assistance, the contributions made by civil society and international law agencies in this regard, and formulate a work proposal that guarantees them The fundamental right to equality of victims, affected by imprisonment imposed on their parents for the crime of non-existence of food (article 233 of the PC). It is concluded that on January 31, 2017, INPEC had 998 people in custody as detainees, of whom 964 (11 women and 953 men) were held in prisons paying penalties for the crime of Inasistencia Alimentaria, while in the municipality of Tunja there were 66.