Legislación comparada: ordenamiento jurídico del grooming en España y Colombia: un estudio descriptivo y comparada

Abstract

Currently, many countries have criminal regulations for crimes that violate the human rights of minors. These have arisen or been aggravated by the advance of new technologies. Among them, is the crime of grooming whose typical acts are not only committed physically but also virtually. In this thesis, it is argued that, although there is no specific legal system for grooming, Colombia, like first world countries, has the appropriate legal tools to deal with it. The objective is to delimit the strengths and weaknesses of the Colombian legal system with respect to grooming, comparing legally the body of laws of Colombia with that of Spain to establish similarities and differences. A basic methodology was used, with a systematic, interpretative and comparative legal method to identify the norms related to the typical conducts of grooming in the two legal systems, utilizing both primary and secondary sources. With a descriptive qualitative approach, detailed descriptive and narrative information is developed on the relevant aspects of grooming in the legislation of the countries being compared. Methodologically, we start from the individual particulars of the legislation of each country, until we arrive at a general comparative vision. According to the analysis carried out, we verify the hypothesis that the Colombian legal system has adequate legal tools to punish the behaviors of grooming, although the specific term is not used, but rather those corresponding to the crimes of sexual abuse established by the Penal Code.