Decreto Legislativo Regional n.º 3/95/M, de 29 de Abril de 1995
Decreto Legislativo Regional n.° 3/95/M Emissão de documento comprovativo da regularidade da situação contributiva para com a segurança social portuguesa, nos termos da alínea d) do n.° 1 do artigo 70.° do Decreto-Lei n.° 405/93, de 10 de Dezembro.
O Decreto-Lei n.° 405/93, de 10 de Dezembro, veio estabelecer o novo regime jurídico de empreitadas de obras públicas, por forma a adequar a legislação nacional reguladora desta matéria às novas realidades económicas e sociais e também às disposições do direito comunitário.
Constata-se que aquele diploma legal, ao dispor, na alínea d) do n.° 1 do artigo 70.°, que os concorrentes têm de apresentar documento comprovativo de que se encontra regularizada a sua situação contributiva para com a segurança social portuguesa, passado pelo Instituto de Gestão Financeira da Segurança Social, não teve em consideração a transferência de competência para a Região Autónoma da Madeira em matéria de segurança social, consagrada no Decreto-Lei n.° 391/80, de 23 de Setembro, o qual, no artigo 1.° e na alínea a) do artigo 3.°, atribui competência ao Governo da Região Autónoma da Madeira para superintender nos serviços da segurança social implantados a nível regional e coordenar a sua actuação.
Verifica-se que tal transferência de competência é reconhecida e reforçada pela Lei n.° 28/84, de 14 de Agosto, que veio estabelecer as bases do sistema unificado de segurança social, pois, no artigo 84.°, determina a sua aplicação às Regiões Autónomas, sem prejuízo de regulamentação própria em matéria de organização dos serviços de segurança social, bem como, no seu artigo 44.°, n.° 1, faz referência à emissão de certidões garantindo, a qualquer pessoa ou entidade vinculada ao sistema de segurança social, a possibilidade de...
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