Os limites à subempreitada de obras públicas

Abstract

In a European scenario favorable to the promotion of competition, where subcontracting is the means used, primarily, to achieve this goal, we discuss the admissibility of imposing legal and regulatory limitations on this contractual figure, considering the provisions of Public Procurement Code and the European Union Law, since the European law does not seem to impose any limitation for subcontracting in public works contracts. Following the National and European case law, we will reflect on the regime of Public Procurement Code, exploring the possible reasons for these restrictions, in our legal system, taking into account the arguments presented by the Case Law and defended by the Doctrine. In this sequence, we will present the most recent Case Law, on this subject, discussing the alignment of the Portuguese regime with European Law, in order to proceed to an analysis of the latest amendment to the Public Procurement Code and its repercussions, which resulted in the elimination of quantitative limits on the subcontracting of public works.

Date of Award	17 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Raquel Carvalho (Supervisor)