Decreto-Lei n.º 40/2011, de 22 de Março de 2011
MINISTÉRIO DAS FINANÇAS E DA ADMINISTRAÇÃO PÚBLICA Decreto-Lei n.º 40/2011 de 22 de Março O regime da autorização da despesa com a celebração de contratos públicos consiste na repartição da competência para a autorização dessa despesa pelos diversos órgãos das entidades adjudicantes, consoante o montante do contrato a celebrar.
A aprovação deste regime através do presente decreto- -lei visa três objectivos principais.
Por um lado, introduzir normas gerais relativas a delegação de competências em matéria de autorização de despesa.
Por outro lado, actualizar os montantes dos limites da autorização de despesa.
Finalmente, harmonizar as regras da autorização de despesa com o novo Código dos Contratos Públicos (CCP), aprovado pelo Decreto -Lei n.º 18/2008, de 29 de Janeiro.
Assim, em primeiro lugar, o diploma consagra regras gerais referentes a delegação de competência para autorizar despesas, que suavizam a rigidez da repartição legal da competência, seja através da habilitação para delegações expressas, seja através da previsão de delegações decor- rentes directamente do regime legal.
Em segundo lugar, o presente diploma, em harmonia com o CCP, actualiza os montantes dos limites da autori- zação da despesa, tendo em conta a evolução dos preços nos últimos anos.
Os limites para a autorização de despesa estabelecem o valor até ao qual cada órgão das diferentes entidades adjudicantes está habilitado a autorizar que se pague um determinado valor pela celebração de um contrato.
Até este momento, os limites para a autorização de despesas estavam fixados no Decreto -Lei n.º 197/99, de 8 de Junho.
Com a aprovação do presente decreto -lei, são fixados no- vos valores para estes limiares, que conferem uma maior autonomia em matéria de autorização de despesa, aten- dendo a que os limites ora fixados são substancialmente superiores aos anteriormente vigentes.
Em terceiro lugar, deve referir -se que, nos termos do CCP, é à entidade competente para autorizar a despesa que cabe tomar a decisão de contratar, razão pela qual se revela fundamental, para saber a quem compete a decisão de dar início a um procedimento que tem em vista a celebração de um contrato público, estabelecer de forma clara a quem compete autorizar a despesa em cada caso.
Considerando ainda que o acto de autorização de des- pesa fixa o limite de valor até ao qual pode ser celebrado um determinado contrato, o exercício dessa competência, para além de pressupor o respeito pelas regras orçamentais relativas à cabimentação, representa também uma limitação do futuro preço contratual.
Finalmente, o presente decreto -lei revoga integralmente o Decreto -Lei n.º 197/99, de 8 de Junho, cuja generalidade das disposições legais já haviam sido revogadas pelo CCP, e relativamente ao qual apenas se mantinham em vigor sete artigos.
Foram ouvidos os órgãos de governo próprio das Re- giões Autónomas e a Associação Nacional de Municípios Portugueses.
Foi promovida a audição da Associação Nacional de Freguesias.
Assim: No uso da autorização legislativa concedida pelo ar- tigo 42.º da Lei n.º 3 -B/2010, de 28 de Abril, e nos termos das alíneas
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e
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do n.º 1 do artigo 198.º da Constituição, o Governo decreta o seguinte: Artigo 1.º Âmbito O presente decreto -lei estabelece o regime da autoriza- ção da despesa inerente aos contratos públicos a celebrar pelas seguintes entidades adjudicantes:
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Estado;
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Regiões Autónomas;
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Autarquias locais;
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Institutos públicos;
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Fundações públicas;
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Associações públicas.
Artigo 2.º Relação entre a...
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