Article 337 Federal Criminal Code

The crime of abandonment of spouse shall be prosecuted upon the request of the aggrieved party. The crime of abandonment of children shall be prosecuted ex officio and, where appropriate, the Public Prosecutor's Office (Ministerio Público) shall promote the appointment of a special guardian to represent the victims of the crime, before the Judge of the case, who shall have the power to appoint him. In the case of the crime of abandonment of children, the criminal action shall be declared extinguished, after the judicial authority has previously heard the representative of the minors, when the accused pays the overdue support, and gives sufficient guarantee in the Judge's judgment for the subsistence of the children.