Retirada de la simbología franquista: Restablecimiento de la legalidad

The object of this article is the investigation on the application of the Democratic Memory Law of the year 2022, its background and parliamentary processing, as an instrument for the removal of symbols of exaltation of civil war and dictatorship, under an analysis in comparative law, in the recovery of the memory of its victims, from: Argentina and the Navy Mechanics School (ESMA); the Place of Memory, Tolerance and Social Inclusion (LUM) of the Ministry of Culture of Peru; in Chile, the Museum of Memory and Human Rights, or the Villa Grimaldi Peace Park Site Museum. The investigation is based on the legal doctrine structured in the source of the already existing law, as well as both laws in memory, and as a systematic way, in the refusal of the administrations and courts to comply with it at the request of the citizens, in their intentions to remove the symbology. The hypothesis in the investigation shows the problem of obtaining justice in the withdrawal of symbols of totalitarian exaltation in Spain, as well as the weakness in the application of government sanctioning files.