Alberto Rodríguez appeals to the Constitutional Court the withdrawal of his seat in Congress

The ex-deputy of United We Can Alberto Rodríguez has presented a first appeal for protection before the Constitutional Court against the decision of the president of the Congress of Deputies, Meritxell Batet, to withdraw his seat as a result of the execution of the sentence of the Supreme Court for giving him a kicked a cop in 2014.

Rodríguez's defense requests that the court of guarantees return his deputy certificate as a precautionary measure "to avoid irreparable damage" that the maintenance of the decision that Batet adopted last October would cause both to him and to third parties.

In addition, he requests that a public hearing be held to address his case.

The Supreme Court sentenced Rodríguez on October 6 to 45 days in prison for the crime of attacking an agent of the authority in a demonstration in 2014 with the highly qualified extenuating circumstance of undue delay.

The sentence was accompanied by a special disqualification for the right to passive suffrage during the time of the sentence.

In the ruling, the High Court decided to replace the prison sentence with the penalty of a fine of 90 days with a daily fee of 6 euros (in total, 540 euros).

"I announced that I was going to go to the end, with the aim of reversing this chain of arbitrary chieftains and that I am doing without rest," Rodríguez assured the media this Wednesday through a statement in which he repeated his intention to go to the European Court of Human Rights.

On Tuesday of last week, Rodríguez asked the president of Congress for the restitution of the parliamentary act because he had served the time of his sentence.

As the former deputy made public in a statement, the Supreme Court informed Rodríguez on December 23 (after a consultation with him) that his sentence had ended on December 5.

As a result of this notification, the Canarian deputy asked Batet for "immediate restitution in his seat."

The crisis unleashed by the withdrawal of the seat led Podemos to announce a lawsuit against the president of Congress, which has not been presented.

The episode worsened with the immediate departure of Rodríguez de Podemos.

The seat remains unoccupied since then.