Meios de solução de litígios na contratação pública

• Autor(a) principal: Ramme, Luiza Cecilia
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/141149
• topic: Arbitragem administrativa; Direito da contratação pública; Efetividade da justiça administrativa; Administrative arbitration; Administrative bodies; Public Procurement Law; Effectiveness of administrative justice; Direito

Public procurement is of unique importance in the economy of the European Community. With the advent of the promulgation of "Resource Directives" No 89\665\EEC and 92\13\EEC, both amended by Directive 2007\66\EC, public procurement was opened in proportion to the European Union. In the institutional dimension, considering the slowness of the judicial bodies of the Member States, the Resource Directives intended to be the establishment of rapid and effective resources. As a result, EU countries have sought solutions to ensure citizens' right, through the efficient and rapid march of justice, with the effective resolution of their problem in a timely manner. The Portuguese option was for administrative arbitration. On the other hand, 14 EU countries have rehearsed the settlement of their public procurement disputes through the administrative body. It is proposed a reflection on the two models: arbitration and administrative body and on the possibility of the legal system Portuguese adopt the administrative body, in order to resolve conflicts arising from public procurement. To answer this question, a bibliographic study was carried out, on the one hand, of the organization of administrative litigation in Portugal and the alternative mechanisms of conflict resolution that it uses, and on the other hand, an examination of foreign law was carried out. It was concluded that the model of the administrative body is not only an alternative to the administration of state justice, but rather an appropriate means to solve problems related to public procurement. However, at the moment, Portugal should not adopt such a model, but rather improve its administrative arbitration. Specific measures were proposed for possible corrections of the weaknesses of this institute.