REFLEXIONES EN TORNO A LAS RELACIONES ENTRE LO FCTICO Y LO NORMATIVO EN LA TEORÍA DEL DELITO.

The theoretical divergences that have been provoked between the different schemes from the crime have been conditional by different epistemologic paradigms; consequently, it is posible to preach a deep and abysmal difference between schemes of ontologicist base and the present functional scheme founded on the normativism. However, before the formulation of the new paradigm already existed a tendency towards the normativization. Certainly, it is not possible to advocate by a dogmatic of criminal law that disregard absolutely of the factual reality, since, from the point of view of the theory of the objective imputation, the causality, relation to which normative criteria of the criminal law and the society are applied to him, it is a fundamental requirement for the determination of the tipicity in the result crimes. [ABSTRACT FROM AUTHOR]