Carlos Emilio Gaviria Díaz (8 May 1937 – 31 March 2015) was a Colombian lawyer, professor and politician. He served as the 5th
Chief Magistrate
Chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and admini ...
of the
Constitutional Court of Colombia
The Constitutional Court of Colombia ( es, Corte Constitucional de Colombia) is the supreme constitutional court of Colombia. Part of the Judiciary, it is the final appellate court for matters involving interpretation of the Constitution with ...
, where he served as a
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
from 1993 to 2001. After retiring from the Court, he went into politics becoming a
Senator of Colombia
The Senate of the Republic of Colombia ( es, Senado de la República de Colombia) is the upper house of the Congress of Colombia, with the lower house being the House of Representatives. The Senate has 108 members elected for concurrent (non-r ...
in 2002, and running for President as an
Alternative Democratic Pole
The Alternative Democratic Pole (Spanish: ''Polo Democrático Alternativo'' or PDA) is a left-wing political party in Colombia.
It was founded as a political alliance of the Independent Democratic Pole (PDI) and the Democratic Alternative (AD) ...
candidate in the
2006 presidential election, ultimately losing to ex-president
Álvaro Uribe Vélez Álvaro (, , ) is a Spanish, Galician and Portuguese male given name and surname (see Spanish naming customs) of Visigothic origin. Some claim it may be related to the Old Norse name Alfarr, formed of the elements ''alf'' "elf" and ''arr'' "warrior ...
, who was seeking his second term in office.
Academic career
Graduated from the
University of Antioquia
The University of Antioquia ( es, Universidad de Antioquia), also called UdeA, is a public, departmental, coeducational, research university located primarily in the city of Medellín, Antioquia, Colombia, with regional campuses in Amalfi, Andes ...
with a
Bachelor of Law
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1961, he earned a
Ford Fellowship
Ford commonly refers to:
* Ford Motor Company, an automobile manufacturer founded by Henry Ford
* Ford (crossing), a shallow crossing on a river
Ford may also refer to:
Ford Motor Company
* Henry Ford, founder of the Ford Motor Company
* Ford F ...
that allowed him to attend
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
, studying under professors such as
Carl J. Friedrich
Carl Joachim Friedrich (; ; June 5, 1901 – September 19, 1984) was a German-American professor and political theorist. He taught alternately at Harvard and Heidelberg until his retirement in 1971. His writings on state and constitutional theory ...
,
Paul A. Freund
Paul Abraham Freund (February 16, 1908February 5, 1992) was an American jurist and law professor. He taught most of his life at Harvard Law School and is known for his writings on the United States Constitution and the Supreme Court of the United ...
, and
Lon L. Fuller
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller was a professor of Law at Harvard University for many ...
, and where he graduated in 1971 with a
MA.
He returned to Colombia to enrol in the Doctorate Program of the University of Antioquia, where he earned his
Doctorate of Law
A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL. ...
and Political Science in 1965 with his
thesis
A thesis ( : theses), or dissertation (abbreviated diss.), is a document submitted in support of candidature for an academic degree or professional qualification presenting the author's research and findings.International Standard ISO 7144: ...
titled ''Notes on an Introductory Course on the Study of Law'', which earned him an Honourable Mention.
He returned to his ''
alma mater'', this time as faculty occupying various posts throughout his career in the institution and teaching different courses; along his incursion in the institution, he was Dean of the Faculty of Law from 1967 to 1969, Director of the Department of Public Law from 1974 to 1980.
In 1980 he became the Vice President of the Regional Committee for the Protection of Human Rights in Medellín; for his work in this institution and in the University of Antioquia, he became involved in a campaign by
paramilitary forces in Colombia to weed out their detractors, among them Gaviria; he received death threats and was forced to go into exile in
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
. He returned later and resumed his work at the University of Antioquia as Director of the Institute of Political Science in 1988, and
Deputy Rector of the University from 1989 to 1992.
Among his pupils was
Álvaro Uribe Vélez Álvaro (, , ) is a Spanish, Galician and Portuguese male given name and surname (see Spanish naming customs) of Visigothic origin. Some claim it may be related to the Old Norse name Alfarr, formed of the elements ''alf'' "elf" and ''arr'' "warrior ...
, whom he met while teaching
Philosophy of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal vali ...
during a time where each other's political philosophies tended to lean more towards the established
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
, but as time passed both moved away from each other in the
political spectrum
A political spectrum is a system to characterize and classify different political positions in relation to one another. These positions sit upon one or more geometric axes that represent independent political dimensions. The expressions politi ...
leading up to become the political antagonists they were during the 2000s.
Judicial career
Gaviria began his judicial career the same year he graduated from university in 1961 when he was appointed Municipal
Promiscuous Judge of
Rionegro
Rionegro () is a city and Municipalities of Colombia, municipality in Antioquia Department, Colombia, located in the subregion of Eastern Antioquia. The official name of the city is "Ciudad Santiago de Arma de Rionegro". Rio Negro means "Black R ...
, but he returned to Medellín when he was named Professor at the University of Antioquia.
In 1992 Gaviria was nominated as part of the
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
's
ternary
Ternary (from Latin ''ternarius'') or trinary is an adjective meaning "composed of three items". It can refer to:
Mathematics and logic
* Ternary numeral system, a base-3 counting system
** Balanced ternary, a positional numeral system, useful ...
list presented to the Senate as part of the election process for new members of the
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
, a High Court of the
Judicial Branch of Colombia
The judiciary of Colombia ( es, Rama Judicial de Colombia) is a branch of the State of Colombia that interprets and applies the laws of Colombia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The judiciary ...
recently created by the
Colombian Constitution of 1991
The Political Constitution of Colombia of 1991 ( es, Constitución Política de Colombia de 1991), is the Constitution of the Republic of Colombia. It was promulgated in Constitutional Gazette number 114 on Thursday, July 4, 1991, and is also ...
. Gaviria was successfully confirmed by the Senate, and took office on 1 March 1993 as part of the first permanent Constitutional Court for a constitutional term of 8 years.
On 1 March 1996 Gaviria was elected
Chief Magistrate
Chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of magistrate have often overlapped and refer to, as the case may be, to a major political and admini ...
of the Constitutional Court, replacing
José Gregorio Hernández Galindo from 1 March 1996 to 1 March 2001, when Gaviria finished his term as Magistrate in the court, and was replaced by
Alfredo Beltrán Sierra as Chief Magistrate.
Political career
In 2002, he was elected
Senator of Colombia
The Senate of the Republic of Colombia ( es, Senado de la República de Colombia) is the upper house of the Congress of Colombia, with the lower house being the House of Representatives. The Senate has 108 members elected for concurrent (non-r ...
representing the leftist political formation, the
Social and Political Front
The Social and Political Front (in Spanish: ''Frente Social y Político'') or FSP was a coalition of several left wing political parties in Colombia.
It was part of the wider Democratic Alternative (AD) movement, which in 2005 joined the Independ ...
, after achieving the fifth-highest voting result in the elections.
He ran for the presidency of
Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
for the 2006–2010 term, as the candidate of the
Alternative Democratic Pole
The Alternative Democratic Pole (Spanish: ''Polo Democrático Alternativo'' or PDA) is a left-wing political party in Colombia.
It was founded as a political alliance of the Independent Democratic Pole (PDI) and the Democratic Alternative (AD) ...
, after winning the bloc nomination over
Antonio Navarro.
Polls in late April 2006 placed Gaviria in second place after incumbent President Álvaro Uribe, leaving behind the
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
's
Horacio Serpa
Horacio Serpa Uribe (4 January 1943 – 31 October 2020) was a Colombian lawyer, politician and Senator. Serpa ran as the Colombian Liberal Party candidate for President on three occasions; in 1998, 2002, and 2006. He previously served as co ...
, who was running for president for the third consecutive time. He lost to President Uribe in the May 2006 election by a margin of 62% to 22%.
Political views
One of his main political proposals was to attempt to change Colombia's socio-economic model, which he believed to exemplify some of the worst characteristics of
capitalism
Capitalism is an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. Central characteristics of capitalism include capital accumulation, competitive markets, pric ...
at a global and local level. By doing this, Gaviria intended to reduce the gap between the rich and poor. Gaviria argued, as do many of his supporters, that this gap has increased over the 2000s and continues to grow, in part due to the economic policies of President Álvaro Uribe's administrations. He disagreed with measures intended to make local and foreign investment more attractive at the cost of reducing benefits for the working class, while simultaneously increasing indirect taxes on the poor and reducing income taxes for the wealthy. Gaviria was also a strong defender of Colombia's 1991 Constitution, in principle, but believed it necessary to fully apply its chapters on human, ethnic and political rights, while at the same time restoring some of the controls that he considered the government and the state should have over the nation's economy and society.
Electoral history
Personal life
Carlos Emilio was born on 8 May 1937 in
Sopetrán
Sopetrán is a municipality of Colombia, located in the subregion west of the state of Antioquia, Colombia, Antioquia. It is bounded to the north by the municipality of Olaya (Colombia), Olaya, to the east by the municipality of Belmira, to the s ...
,
Antioquia to Carlos Gaviria Arango and Maruja Díaz Holguín, He married María Cristina Gómez Toro, whom he had met in Spain in the summer of 1966, and married later that year on 16 December in a Catholic ceremony in the Church of Our Lady of Perpetual Help in Medellín, albeit him not being a practising Catholic. Together they bore four children, Juan Carlos, Ana Cristina, Natalia, and Ximena. He considered himself an
agnostic
Agnosticism is the view or belief that the existence of God, of the divine or the supernatural is unknown or unknowable. (page 56 in 1967 edition) Another definition provided is the view that "human reason is incapable of providing sufficient ...
, but came from a
Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
tradition.
See also
*
José Gregorio Hernández Galindo
*
Jaime Araújo Rentería
Jaime is a common Spanish and Portuguese male given name for Jacob (name), James (name), Jamie, or Jacques. In Occitania Jacobus became ''Jacome'' and later ''Jacme''. In east Spain, ''Jacme'' became ''Jaime'', in Aragon it became ''Chaime'', and ...
References
Further reading
*
External links
*
{{DEFAULTSORT:Gaviria Diaz, Carlos
1937 births
2015 deaths
People from Antioquia Department
Free University of Colombia faculty
Colombian agnostics
Former Roman Catholics
University of Antioquia alumni
Harvard Law School alumni
University of Antioquia faculty
Magistrates of the Constitutional Court of Colombia
Social and Political Front politicians
Members of the Senate of Colombia
Alternative Democratic Pole politicians