CHILD SEXUAL SOLICITATION ON THE INTERNET: ELEMENTS OF THE OFFENSE, CONSUMMATION, AND DIGITAL EVIDENCE IN "GROOMING" CRIMES UNDER ARTICLE 241-D OF THE CHILD AND ADOLESCENT STATUTE (ECA)

Abstract

Grooming is a process through which an adult deliberately and gradually builds a relationship of trust with a child for sexual purposes, aiming to reduce the child's resistance and make them vulnerable to future sexual exploitation or abuse. This process usually takes place through digital platforms, instant messaging applications, or online games. This research identifies the point at which solicitation ceases to be a mere preparatory act and becomes legally relevant. The present study examines the criminal law treatment given to online grooming, the sexual solicitation of children through digital platforms, in the Brazilian legal system. The methodology is qualitative, exploratory, and descriptive, with a deductive approach, carried out through a bibliographic and documentary review covering legal doctrine, legislation (the Child and Adolescent Statute [ECA], the Penal Code, and Law No. 13,441/2017), and an analysis of case law from the higher courts. It is concluded, therefore, that although Article 241-D of the ECA provides an adequate criminal response to grooming conduct, the effectiveness of criminal prosecution is undermined by the challenges of digital evidence, which points to the need to improve forensic protocols and cooperation with application providers.