Abstract: The study is analysing the repressive legislation, justifying the choice of theme by the fact that Romania historiography did not sufficiently approach this subject, especially considering the importance of this segment in the research of repression in general. In order to illustrate the functions of this particular type of legislation, as applied in the totalitarian (or just authoritarian) societies, the study is methodologically based on the comparative analysis of the repressive legislation during two political systems: the communist regime and the one established by Marshall Ion Antonescu. The coordinates of the comparison regard the relations of the repressive legislation with ideology, power and society and the keywords or main concepts of such reports. The main observation would be that this type of legislation functions as an instrument in exercising political power. Its efficiency as a repressive policy or as a social transformation resides in its subordination towards the interests of the political power in that precise moment. On the other hand, the cost of such an approach of the law resides in the conflict between the society and an arbitrary legal system. The lack of acceptance of the imposed legal system places the totalitarian (or authoritarian) regimes on an instable basis.