Dos formas discutibles de poner en duda el carácter cognoscitivo de la aplicación judicial del Derecho penal: el principio del consenso y la garantía de la no agravación punitiva

this work focuses on the analysis of the legal function of criminal law application in relation to the emergence of regulatory realities that challenge the predominant manner of how we understand our legal tradition, that is, as a function of applying criminal norms based on a cognitive natured activity aimed at correctly establishing facts, so as to fairly decide upon issues subject to prosecution. from this perspective, we will analyze some critical aspects of the so-called principle of consensus and the (likely) emergence of guarantee of punitive non-aggravation, with the purpose of describing arguable situations or practices from the aforementioned scope, as well as to find ways to articulate regulatory realities that emerge from the criminal procedure with the nature or the essence of legal jurisdiction.