Acórdão (extrato) n.º 18/2021
Data de publicação | 29 Julho 2021 |
Seção | Parte D - Tribunais e Ministério Público |
Órgão | Tribunal de Contas |
Acórdão (extrato) n.º 18/2021
Sumário: Fiscalização prévia de contratos celebrados ao abrigo de acordos-quadro singulares.
Processo de fiscalização prévia n.º 895/2021 - 1.ª Secção
III. Decisão
Em face do exposto, o Plenário da 1.ª Secção do Tribunal de Contas decide:
1 - Adotar a seguinte interpretação jurídica do complexo normativo constituído pelas disposições dos artigos 2.º, n.º 1, 5.º, n.º 1, alínea c), 44.º, n.os 1 e 3, 46.º, n.º 1, alínea b), e 48.º, n.os 1 e 2, LOPTC e dos artigos 17.º, 18.º, 251.º, 252.º, n.º 1, alínea a), 253.º, n.os 1 e 2, 255.º, n.os 1 e 2, 257.º, n.º 1, e 258.º, n.os 1 e 2, do Código dos Contratos Públicos:
a) Os contratos de prestação de serviços em que intervém como adjudicante entidade prevista no n.º 1 do artigo 2.º da LOPTC e que não se enquadrem em nenhuma das normas de isenção de fiscalização prévia são, independentemente do valor, abrangidos pelo âmbito objetivo fixado no artigo 46.º, n.º 1, alínea b), da LOPTC.
b) Os referidos contratos de prestação de serviços não estão dispensados de fiscalização prévia se forem celebrados ao abrigo de acordo quadro singular com valor contratual igual ou superior a 950.000 (euro).
2 - O tribunal coletivo competente deve proceder à apreciação da legalidade e do cabimento orçamental do instrumento submetido no processo n.º 895/2021 a fim de, oportunamente e se não ocorrer causa de extinção da instância, proferir uma decisão final sobre a concessão ou recusa de visto.
Lisboa, 6 de julho de 2021. - Paulo Dá Mesquita -...
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