Concept of Law and Public Procurement
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Recommended Prior Knowledge
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Objectives
The curricular unit is intended to provide the acquisition of knowledge about law and public procurement.
At the end of the semester, the student should have acquired knowledge about law and public procurement.
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Teaching Methods
Expository and interactive theoretical-practical classes using audiovisual media that seek to stimulate students' reasoning and critical spirit, self-knowledge and understanding of the specific aspects of each subject.
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Internship(s)
Não
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Syllabus
Notion of Law; Elements of the concept of Law - Legal System (notion and principles); Legal norm (structure and classifications); Coercive protection (responsibility and respective assumptions and legal invalidity).
The State - Concept and organs of sovereignty in the Constitution of the Portuguese Republic; European Union.
The Constitution of the Portuguese Republic (1976) and Fundamental Rights - Constitutional principles; Fundamental Rights – some aspects of the legal regime of Rights, Freedoms and Guarantees and of Economic, Social and Cultural Rights.
Sources of Law - The Law, its hierarchy and effectiveness; Other sources.
Legal relationship - Notion; Elements (subjects, object, fact and guarantee).
Work Contract - Concept of work; Rights and duties of the contractor and the owner of the work; Contractor's liability; Protection of the consumer within the scope of the work contract.
Public Contracts Code - Structure; Principles to be observed in the process of acquiring goods, services and works; Principles of public procurement; Duties of workers who participate in the acquisition of goods, services and contracts; Types and values of procedures; Choice of procedure types depending on the value; Direct adjustment regardless of the contract value; Contract value, base price and contract price; Legal framework of the contract; Contracting authorities; Public procurement cycle.
Public procurement - general provisions; Types of contract formation procedures; Types of direct fit; Public competition – the common and the urgent; Tender limited by prior qualification; Qualification procedure; Procedure by competitive dialogue; Partnership for Innovation; Design competition; Ideas contest; Dynamic acquisition system; Procedure for forming framework agreements. -
Content Explanation
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Methodology Explanation
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Responsible Lecturer(s)
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Bibliography
; Constituição da República Portuguesa
; Código Civil
; Código dos Contratos Públicos.
SILVA, Germano Marques da; Introdução ao Estudo do Direito, Universidade Católica Editora , 2006
OLIVEIRA, Mário Esteves de, OLIVEIRA, Rodrigo Esteves; Concursos e outros procedimentos de contratação pública, Almedina, 2016
ROMANO MARTINEZ, Pedro; Direito das Obrigações (Parte Especial) - Contratos, Almedina, 2007
Course details
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Code
CCD05
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Teaching Mode
PRESENCIAL
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ECTS
4.0
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Duration
Semestrial
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Hours
45h Teórico-Práticas
