Carlos Gaviria Díaz
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Carlos Emilio Gaviria Díaz (8 May 1937 – 31 March 2015) was a Colombian lawyer, professor and politician. He served as the 5th
Chief Magistrate A 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 admi ...
of the
Constitutional Court of Colombia The Constitutional Court of 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 the power to determine the constituti ...
, 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 judi ...
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 () is the upper house of the Congress of Colombia, with the lower house being the Chamber of Representatives of Colombia, Chamber of Representatives. The Senate has 108 members elected for concurrent (non ...
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, democratic socialist and camilist political party in Colombia, active from 2005 to the present. In 2022 it was successful at the polls and fo ...
candidate in the 2006 presidential election, ultimately losing to ex-president
Álvaro Uribe Vélez Álvaro or Álvar (, , ) is a Spanish language, Spanish, Galician language, Galician and Portuguese language, Portuguese male given name and surname of Germanic Visigothic origin. The patronymic surname derived from this name is Álvarez (surname), ...
, who was seeking his second term in office.


Academic career

Graduated from the
University of Antioquia The University of Antioquia (), also called UdeA, is primarily a public research-based university, located in the city of Medellín, Colombia. With regional campuses in Amalfi, Andes, Caucasia, Carmen de Viboral, Envigado, Puerto Berrío, S ...
with a
Bachelor of Law A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
in 1961, he earned a Ford Fellowship that allowed him to attend
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, studying under professors such as Carl J. Friedrich, Paul A. Freund, and Lon L. Fuller, 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 Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
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: D ...
titled ''Notes on an Introductory Course on the Study of Law'', which earned him an Honourable Mention. He returned to his ''
alma mater Alma mater (; : almae matres) is an allegorical Latin phrase meaning "nourishing mother". It personifies a school that a person has attended or graduated from. The term is related to ''alumnus'', literally meaning 'nursling', which describes a sc ...
'', 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, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
. 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 or Álvar (, , ) is a Spanish language, Spanish, Galician language, Galician and Portuguese language, Portuguese male given name and surname of Germanic Visigothic origin. The patronymic surname derived from this name is Álvarez (surname), ...
, whom he met while teaching
Philosophy of Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
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. For example, while the political systems ...
, 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 Politics, political positions in relation to one another. These positions sit upon one or more Geometry, geometric Coordinate axis, axes that represent independent political ...
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 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 River" in Spanish, as the cit ...
, 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 ...
's ternary 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 ru ...
, a High Court of the
Judicial Branch of Colombia The judiciary of 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 comprises a hierarchical syste ...
recently created by the
Colombian Constitution of 1991 The Political Constitution of Colombia of 1991 (), is the Constitution of the Republic of Colombia. It was promulgated in Constitutional Gazette number 114 on Sunday, July 7, 1991, and is also known as the Constitution of Human Rights. It re ...
. 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 A 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 admi ...
of the Constitutional Court, replacing
José Gregorio Hernández Galindo José is a predominantly Spanish and Portuguese form of the given name Joseph. While spelled alike, this name is pronounced very differently in each of the two languages: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced , ...
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 () is the upper house of the Congress of Colombia, with the lower house being the Chamber of Representatives of Colombia, Chamber of Representatives. The Senate has 108 members elected for concurrent (non ...
representing the leftist political formation, the Social and Political Front, 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 primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
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, democratic socialist and camilist political party in Colombia, active from 2005 to the present. In 2022 it was successful at the polls and fo ...
, 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. For example, while the political systems ...
'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 con ...
, 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 use for the purpose of obtaining profit. This socioeconomic system has developed historically through several stages and is defined by ...
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,
Antioquia Antioquia is the Spanish form of Antioch. Antioquia may also refer to: * Antioquia Department Antioquia () is one of the 32 departments of Colombia, located in the central northwestern part of Colombia with a narrow section that borders th ...
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, the divine, or the supernatural is either unknowable in principle or unknown in fact. (page 56 in 1967 edition) It can also mean an apathy towards such religious belief and refer to ...
, but came from a
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
tradition.


See also

*
José Gregorio Hernández Galindo José is a predominantly Spanish and Portuguese form of the given name Joseph. While spelled alike, this name is pronounced very differently in each of the two languages: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced , ...
* Jaime Araújo Rentería


References


Further reading

*


External links

* {{DEFAULTSORT:Gaviria Diaz, Carlos 1937 births 2015 deaths People from Antioquia Department Academic staff of the Free University of Colombia Colombian agnostics Former Roman Catholics University of Antioquia alumni Harvard Law School alumni Academic staff of the University of Antioquia Magistrates of the Constitutional Court of Colombia Social and Political Front politicians Members of the Senate of Colombia Alternative Democratic Pole politicians