ADPF

ADPF stands for Arguição de Descumprimento de Preceito Fundamental, a Brazilian constitutional instrument designed to protect fundamental precepts of the 1988 Constitution when they are threatened or violated by acts or omissions of public authorities. It is used to secure observance of fundamental rights or constitutional principles in situations where other remedies are inadequate or unavailable.

The remedy is filed with the Supreme Federal Court (STF). Legitimate initiators include the Procurador-Geral da República, the President of the Republic, and other parties or associations with legitimate interest recognized by law. The STF may grant provisional relief (liminar) to suspend the challenged act or require temporary measures to prevent ongoing harm, and the action proceeds to a full ruling on the merits.

ADPF is distinct from other constitutional actions such as the Ações Diretas de Inconstitucionalidade (ADI), Ação Declaratória de Constitucionalidade (ADC), and others, because its focus is on ensuring compliance with fundamental precepts and rights, rather than challenging the constitutionality of a statute per se. It targets acts or omissions by federal, state, or municipal authorities, or by agents of the public power, that threaten or violate core constitutional guarantees.

In practice, ADPF has become a key tool for protecting civil rights, individual and collective liberties, and minority protections. Its use has complemented broader constitutionalism by enabling timely judicial responses to constitutional violations, including issues arising from executive action or legislative omissions that affect fundamental principles. The instrument was established in the 1988 Constitution and has since evolved through STF jurisprudence and related regulations.