L'anihilació de la República del general Franco i l'administració de justícia de Catalunya (1936-1939)

Abstract

The security forces and courts of the Second Spanish Republic succeeded in maintaining public order, albeit with complications. Nevertheless, the majority of the military class engaged in a coup d'état, backed by a minority of society, intended to prevent the government of the Popular Front which won the election on 16 February 1936 from taking hold and implementing a policy of reform, and social and economic modernisation, to the detriment of the classes that had hitherto been in power, according to their reasoning. The perpetrators justified their coup by citing the lack of public order and security, and the fear of social revolt, although these claims were debunked by the facts. The rebellionfailed which led to the demarcation of two territories: the loyal region and the rebel region. The military began building a state, tacitly repealing the constitution of the Republic and setting up a parallel legal system, at all times exerting indiscriminate use of violence, an inherent characteristic of Francoism. General Franco was also appointed as the government leader and was later sworn in as head of state until establishing a personalised dictatorship which lasted until 1975. The dictator went on to wipe out the entire Republican legislative system and the common law system of the Courts. He liquidated or rendered null and void instruments ranging from the Catalan Statute of Autonomy of 1932 to the jurisprudence of the Court of Cassation. By 1939, the Catalan political status quo was the same as it had been during the reign of King Alfonso and Catalan civil law was tantamount to that enacted in Court Chapter LXXXII in Barcelona in 1702.