An approach to the study of repression of women during the Franco regime from the History of Law: those tried in the Regional Court of Political Responsibilities

Abstract

This article reflects on the necessary study of Franco's repression in the courts from a gender perspective, reading the files beyond law enforcement and looking at those personal circumstances that can lead the court's decision towards acquittal or the criminalization of prosecuted conduct. Circumstances that, on the other hand, can be elements of subversion against gender stereotypes imposed by the Franco regime with the establishment of the New State. It is the responsibility of the historians of the law to analyse the judicial files looking beyond what they related, focusing repression from a gender perspective and, moreover, feminist, that considers the circumstances noted above and which detects the presence of patriarchy and androcentrism as yet a further element of the repression against women (and against the LGBTI collective, although it is not the subject matter of this article). To begin the reflection on the issue at hand, will be analysed of two files held in the Central Archive of the High Court of Justice of Catalonia (TSJC) and the Barcelona Provincial Court (APB) corresponding to the Tribunal Regional Political Responsibilities of Francoism, these being a first approach to the matter, which is expected to be extended in the immediate future. By reviewing the files, a number of doubts has raised about the repression exercised on men and women as to the personal circumstances of the prosecuted persons: Was the repression on men and women equal, regardless of their circumstances of Gender?