Resolução n.º 150/2005, de 21 de Setembro de 2005
Resolução do Conselho de Ministros n.º 150/2005 A Organização Mundial de Saúde tem alertado para os factos de o período interpandémico estar a terminar e de se prever a possibilidade de uma nova pandemia de gripe originada pelo vírus H5N1, o qual atingiu recentemente vários países asiáticos.
Esta Organização recomenda que todos os governos se preparem para responder racional e eficazmente ao desafio que o eventual vírus da pandemia da gripe pode vir a representar, decorrente do facto de não existir uma vacina para combater a doença.
Por estas razões, o Governo entende ser necessário adquirir antivirais a utilizar como tratamento e profilaxia prolongada.
Ora, de todos os antivirais licenciados ao nível mundial, a informação disponível evidencia que o inibidor da neuraminidase, fosfato de oseltamivir, é o mais eficaz contra as estirpes virais em presença.
O Governo pretende, pois, recorrer à aquisição deste produto, perspectivando-a como o meio mais apto para a prossecução da referida política de tratamento e profilaxia.
A presente aquisição será efectuada junto da empresa Roche-Farmacêutica Química, Lda., na sua qualidade de detentora do exclusivo da comercialização deste produto. Trata-se de ajuste directo que a legislação aplicável à aquisição de bens e serviços por entes públicos, designadamente o Decreto-Lei n.º 197/99, de 8 de Junho, a alínea d) do n.º 1 do seu artigo 86.º, habilita de forma expressa, justamente nos casos de exclusivo, por parte do prestador de bem ou serviço, do produto que se pretende adquirir.
Assim: Nos termos da alínea g) do artigo 199.º da Constituição, bem como ao abrigo da alínea e) do n.º 1 do artigo 17.º, do...
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