Decreto-Lei n.º 305/2009, de 23 de Outubro de 2009
Decreto-Lei n. 305/2009
de 23 de Outubro
A estrutura e a organizaçáo dos órgáos e serviços autárquicos regem -se actualmente pelo Decreto -Lei n. 116/84, de 6 de Abril, um diploma com cerca de 25 anos, que hoje se revela manifestamente desajustado da realidade da administraçáo autárquica.
Efectivamente, a consolidaçáo da autonomia do poder local democrático nas últimas décadas, traduzida na forte aposta na descentralizaçáo de competências, em vários sectores, para as autarquias locais, pressupóe uma organizaçáo dos órgáos e serviços autárquicos em moldes que lhes permitam dar uma melhor resposta às solicitaçóes decorrentes das suas novas atribuiçóes e competências.
Impóe -se, por conseguinte, a adaptaçáo da legislaçáo que regula o funcionamento dos órgáos e serviços autárquicos a novas realidades organizativas, que permitam o exercício das respectivas funçóes de acordo com um modelo mais operativo. Este objectivo está, aliás, em linha com a reforma da Administraçáo Pública que tem sido empreendida por este Governo.
A modernizaçáo da Administraçáo Pública é uma peça essencial da estratégia do Governo de crescimento para o País. No passado já tinham sido feitos todos os diagnósticos, aguardando -se, desde há muito, uma mítica «grande reforma da Administraçáo Pública». Este Governo preferiu o caminho de conduzir um processo reformador feito de passos positivos, firmes e consequentes, para alcançar uma Administraçáo Pública mais eficaz, que sirva bem os cidadáos e as empresas, à altura do que se espera de um Estado moderno. Neste contexto, procura -se que o presente decreto -lei se articule com o conjunto de diplomas relativos à reorganizaçáo da Administraçáo Pública central, sem, contudo, esquecer, as especificidades características do exercício de funçóes nas autarquias locais.
O objectivo da presente revisáo é dotar as autarquias locais de condiçóes para o cumprimento adequado do seu amplo leque de atribuiçóes, respeitantes quer à prossecuçáo de interesses locais por natureza, quer de interesses gerais que podem ser prosseguidos de forma mais eficiente pela administraçáo autárquica em virtude da sua relaçáo de proximidade com as populaçóes, no quadro do princípio constitucional da subsidiariedade.
A melhoria das condiçóes de exercício da missáo, das funçóes e das atribuiçóes das autarquias locais, assim como das competências dos seus órgáos e serviços, radicam na diminuiçáo das estruturas e níveis decisórios, evitando a dispersáo de funçóes ou competências por pequenas unidades orgânicas, e no recurso a modelos flexíveis de funcionamento, em funçáo dos objectivos, do pessoal e das tecnologias disponíveis, na simplificaçáo, racionalizaçáo e reengenharia de procedimentos administrativos, conferindo eficiência, eficácia, qualidade e agilidade ao desempenho das suas funçóes e, numa lógica de racionalizaçáo dos serviços e de estabelecimento de metodologias de trabalho transversal, a agregaçáo e partilha de serviços que satisfaçam necessidades comuns a várias unidades orgânicas.
O quadro legal em vigor em diversos domínios, como o licenciamento urbanístico, a avaliaçáo de desempenho e o
estatuto do pessoal dirigente, propicia a desmaterializaçáo dos processos, a partilha de objectivos, a simplificaçáo administrativa e a adopçáo de novas formas de relaçáo com os munícipes, pelo que estáo reunidas as condiçóes necessárias para se ultrapassar a tradicional pulverizaçáo de funçóes, num quadro em que estas se encontram distribuídas rigidamente por diversas unidades orgânicas que náo comunicam entre si e em que é patente a falta de reconhecimento do mérito e do bom desempenho organizacional.
Nesse sentido, procurou -se, através do presente decreto-lei, garantir uma maior racionalidade e operacionalidade dos serviços autárquicos, assegurando que uma maior autonomia de decisáo tenha sempre como contrapartida uma responsabilizaçáo mais directa dos autarcas.
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