THE CRIMINALIZATION OF PEDOPHILIA IN AN EVOLUTIONARY CONTEXT: LEGAL-HISTORICAL ANALYSIS AND THE NEW CHALLENGES OF THE DIGITAL AGE

Abstract

This article aims to provide a legal and historical analysis of the criminalization of conduct related to pedophilia, tracing the evolution of legal protection afforded to children and adolescents against sexual violence. The central objective is to examine how the Brazilian legal system—based on the Penal Code of 1940, the Statute of Children and Adolescents, and specific legislation—classifies and punishes such acts, establishing a clear distinction between criminal conduct and related mental disorders. The study delves into the complex challenges emerging in the digital age, a scenario in which practices such as grooming and child pornography proliferate, increasing the exposure and vulnerability of minors. There is an urgent need for an interdisciplinary approach that effectively combines criminal prosecution, preventive public policies, digital education, and the strengthening of systems to guarantee rights, with a view to comprehensively addressing the problem, in line with the principles of the democratic rule of law.