O princípio da estabilidade na contratação pública

: das peças do procedimento à estabilidade do contrato público

Abstract

This dissertation aims to address the principle of stability in the formation and execution of public contracts, initially examining the principle of competition and its relationship with the principle of stability. We will discuss the types of changes to the procurement documents, distinguishing the different moments within the contract formation and how such changes can be implemented, considering whether they occur before and after the deadline for submitting proposals. In particular, an analysis is made regarding the differentiation between substantial and non-substantial changes, considering their legal implications. Furthermore, we will also analyse the stability of proposals submitted by bidders, analysing the normative solutions that have implications for the proposals. The study also reflects on the causes of non-award and how the decision not to award relates to the principle of stability. Additionally, the possibility of introducing changes after the award decision, through contract adjustments will be analysed. Regarding the stability of the contract, we explore the limits of objective contract modifications, but strictly from the perspective of stability, as the object of this dissertation does not delve into the theme of objective modifications. The reflection conducted highlights the importance of the preparation of the contract specifications, as a fundamental tool to ensure the clarity of the procedure and avoid errors in the future contract. Thus, it underscores the need to invest in the technical qualification of human resources in contracting authorities as an essential measure to minimize instances of non-compliance with the principle of stability in public procurement procedures.

Date of Award	18 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Raquel Carvalho (Supervisor)