Dos estrategias metodológicas para justificar una decisión de evidencia en el derecho probatorio

This article deals with the justification of an evidentiary decision in the context of a judicial process. It compares the methodological proposal of the so-called rationalist theory of judicial evidence with what is called here a legal normative approach to evidence. It is argued that a legal normative approach is more adequate to justify an evidentiary decision, since it is not only externally conditioned by rules that indicate the form of the evidentiary material, the exclusion of evidence, the time limits and the criteria of sufficiency of evidence, but also by rules that condition it internally due to the way in which the facts are incorporated into the law as normative assumptions.