Comentario a la STC 8/2024: legalidad, representación política y proporcionalidad (caso Alberto Rodríguez)

Abstract

The paper analyzes the notorious and recent decision of the Plenary of the Spanish Constitutional Court n. 8/2024, in which the former congressman of the Spanish House of Representatives Alberto Rodríguez was conceded the protection of the Constitutional Court (amparo), on the grounds that the decision imposed by the Supreme Court had been disproportionate, over the basis of the axiological support of the Spanish Constitution. The different elements analyzed are evaluated: the principle of criminal proportionality, its links with the principle of legality (and that of political representation), its jurisprudential treatment, and, in particular, the analysis in the specific case of accessory punishment as the object of the measurement of the severity of the punishment is studied.