Carlos Gaviria Díaz
Encyclopedia
Carlos Emilio Gaviria Díaz (born 8 May 1937) is a Colombian lawyer, professor and politician. He served as the 5th Chief Magistrate
of the Constitutional Court of Colombia
, where he served as a Magistrate
from 1993 to 2001. After retiring from the Court, he went into politics becoming a Senator of Colombia in 2002, and running for President as an Alternative Democratic Pole
candidate in the 2006 presidential election
, ultimately losing to ex-president Álvaro Uribe Vélez, who was seeking his second term in office.
with a Bachelor of Law in 1961, he earned a Ford Fellowship
that allowed him to attend Harvard Law School
, 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 and Political Science in 1965 with his thesis
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 Gavira; he received death threats and was forced to go into exile in Argentina
. 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, whom he met whilst teaching Philosophy of Law during a time where each other's political philosophies tended to lean more towards the established Liberal Party
, but as time passed both moved away from each other in the political spectrum
leading up to become the political antagonists they are today.
of Rionegro, 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
's ternary list
presented to the Senate as part of the election process for new members of the Constitutional Court
, a High Court of the Judicial Branch of Colombia
recently created by the Colombian Constitution of 1991
. 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
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.
, after achieving the fifth-highest voting result in the elections.
He ran for the presidency of Colombia
for the 2006–2010 term, as the candidate of the Alternative Democratic Pole
, 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's Horacio Serpa
, who is 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%.
at a global and local level. By doing this, Gaviria intends to reduce the gap between the rich and poor. Gaviria and many of his supporters argue that this gap has increased over the past decade and continues to grow, in part due to the economic policies of President Álvaro Uribe's current administration. He disagrees 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. He calls himself a liberal, but proposes to control and regulate every single aspect of the economy. Gaviria is also a strong defender of Colombia's 1991 Constitution, in principle, but believes that it is necessary to fully apply its chapters on human, ethnic and political rights, while at the same time restoring some of the controls that he considers the government and the state should have over the nation's economy and society.
, 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 have four children, Juan Carlos, Ana Cristina, Natalia, and Ximena. He considers himself an agnostic, but comes from a Roman Catholic tradition.
Chief Magistrate
Chief Magistrate is a generic designation for a public official whose office—individual or collegial—is the highest in his or her class, in either of the fundamental meanings of Magistrate : as a major political and administrative office , and/or as a judge Chief Magistrate is a generic designation...
of the Constitutional Court of Colombia
Constitutional Court of Colombia
The Constitutional Court of Colombia is the highest entity in the judicial branch of government in the Republic of Colombia in charge of safeguarding the integrity and supremacy of the Colombian Constitution of 1991 within the Constitutional laws.However it is not the highest court of criminal...
, where he served as a Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
from 1993 to 2001. After retiring from the Court, he went into politics becoming a Senator of Colombia in 2002, and running for President as an Alternative Democratic Pole
Alternative Democratic Pole
The Alternative Democratic Pole is a political alliance in Colombia, formed by the Independent Democratic Pole and the Democratic Alternative in December 2005...
candidate in the 2006 presidential election
Colombian presidential election, 2006
The 2006 Colombian presidential election was held on 28 May 2006. Álvaro Uribe was re-elected as President of the Republic and will serve another four-year term, starting on 7 August 2006...
, ultimately losing to ex-president Álvaro Uribe Vélez, who was seeking his second term in office.
Academic career
Graduated from the University of AntioquiaUniversity of Antioquia
The University of Antioquia , also called UdeA, is a public, departmental, coeducational, research university based primarily in the city of Medellín, Antioquía, Colombia. It is the largest higher education institution by student population in the northwest of the country, and the second in...
with a Bachelor of Law in 1961, he earned a Ford Fellowship
Ford Foundation
The Ford Foundation is a private foundation incorporated in Michigan and based in New York City created to fund programs that were chartered in 1936 by Edsel Ford and Henry Ford....
that allowed him to attend Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, studying under professors such as Carl J. Friedrich
Carl Joachim Friedrich
Carl Joachim Friedrich was a German-American professor and political theorist....
, Paul A. Freund
Paul A. Freund
Paul A. Freund 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 States....
, and Lon L. Fuller
Lon L. Fuller
-Selected secondary bibliography:* Robert S Summers .* W. J. Witteveen and Wibren van der Burg .-External links:* from Harvard University Library*...
, and where he graduated in 1971 with a MA
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
. He returned to Colombia to enrol in the Doctorate Program of the University of Antioquia, where he earned his Doctorate of Law and Political Science in 1965 with his thesis
Thesis
A dissertation or thesis is a document submitted in support of candidature for an academic degree or professional qualification presenting the author's research and findings...
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
Alma mater , pronounced ), was used in ancient Rome as a title for various mother goddesses, especially Ceres or Cybele, and in Christianity for the Virgin Mary.-General term:...
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
Paramilitarism in Colombia
Paramilitarism in Colombia refers to the origins and activities of far right-wing paramilitary groups in Colombia during the 20th century.Right-wing paramilitary groups are the parties considered to be most responsible for human rights violations in Colombia during the later half of the current...
to weed out their detractors, among them Gavira; he received death threats and was forced to go into exile in Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
. 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, whom he met whilst teaching Philosophy of Law during a time where each other's political philosophies tended to lean more towards the established Liberal Party
Colombian Liberal Party
The Colombian Liberal Party is a center-left party in Colombia that adheres to social democracy and social liberalism.The Party was founded in 1848 and, together with the Colombian Conservative Party, subsequently became one of the two main political forces in the country for over a century.After...
, but as time passed both moved away from each other in the political spectrum
Political spectrum
A political spectrum is a way of modeling different political positions by placing them upon one or more geometric axes symbolizing independent political dimensions....
leading up to become the political antagonists they are today.
Judicial career
Gaviria began his judicial career the same year he graduated from university in 1961 when he was appointed Municipal Promiscuous JudgePromiscuous Judge
A Promiscuous Judge is a puisne judicial officer in Colombia who administers both civil and criminal law and may dispense summary justice, they represent the lowest part of the Colombian judicial system. A justice of the peace of sorts, he or she is appointed to serve in a municipality or...
of Rionegro, 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
Council of State of Colombia
The Council of State of ColombiaState Council- It is conformed by twenty-seven magistrates that exercise during eight years.- It regulates the conflicts between the matters and the State.Superior Council of Judicature...
's ternary list
Ternary
Ternary is an adjective meaning "composed of three items". It can refer to:* Ternary complex, a complex formed by the interaction of three molecules* Ternary compound, a type of chemical compound...
presented to the Senate as part of the election process for new members of the Constitutional Court
Constitutional Court of Colombia
The Constitutional Court of Colombia is the highest entity in the judicial branch of government in the Republic of Colombia in charge of safeguarding the integrity and supremacy of the Colombian Constitution of 1991 within the Constitutional laws.However it is not the highest court of criminal...
, a High Court of the Judicial Branch of Colombia
Judicial Branch of Colombia
Judicial Branch of Government of Colombia is the system of courts in Republic of Colombia which administer justice in the name of the state as a mechanism for the resolution of disputes. The judicial branch encompasses judges, magistrates and other adjudicators who form the core of a judiciary, as...
recently created by the Colombian Constitution of 1991
Colombian Constitution of 1991
The Political Constitution of Colombia, better known as the Constitution of 1991, is the current governing document of the Republic of Colombia. Promulgated on July 4 of 1991 , it replaced the Constitution of 1886...
. 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
Chief Magistrate is a generic designation for a public official whose office—individual or collegial—is the highest in his or her class, in either of the fundamental meanings of Magistrate : as a major political and administrative office , and/or as a judge Chief Magistrate is a generic designation...
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 representing the leftist political formation, the Social and Political FrontSocial and Political Front
The Social and Political Front or FSP is a coalition of several left wing political parties in Colombia....
, after achieving the fifth-highest voting result in the elections.
He ran for the presidency of Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
for the 2006–2010 term, as the candidate of the Alternative Democratic Pole
Alternative Democratic Pole
The Alternative Democratic Pole is a political alliance in Colombia, formed by the Independent Democratic Pole and the Democratic Alternative in December 2005...
, after winning the bloc nomination over Antonio Navarro
Antonio Navarro Wolff
Antonio Navarro Wolff is a Colombian politician and former commander of the 19th of April Movement guerrilla group, which demobilized and formed a political party which he also led...
.
Polls in late April 2006 placed Gaviria in second place after incumbent President Álvaro Uribe, leaving behind the Liberal Party's Horacio Serpa
Horacio Serpa
Horacio Serpa Uribe is a Colombian politician and lawyer. Horacio Serpa has run as the Colombian Liberal Party candidate for President of Colombia on three occasions; in 1998, 2002, and 2006...
, who is 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 is to attempt to change Colombia's socio-economic model which, he believes, exemplifies some of the worst characteristics of capitalismCapitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
at a global and local level. By doing this, Gaviria intends to reduce the gap between the rich and poor. Gaviria and many of his supporters argue that this gap has increased over the past decade and continues to grow, in part due to the economic policies of President Álvaro Uribe's current administration. He disagrees 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. He calls himself a liberal, but proposes to control and regulate every single aspect of the economy. Gaviria is also a strong defender of Colombia's 1991 Constitution, in principle, but believes that it is necessary to fully apply its chapters on human, ethnic and political rights, while at the same time restoring some of the controls that he considers 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 SopetránSopetrán
Sopetrán is a town and municipality in the Colombian department of Antioquia....
, 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 have four children, Juan Carlos, Ana Cristina, Natalia, and Ximena. He considers himself an agnostic, but comes from a Roman Catholic tradition.