Birdnesting: Its characteristics implementation in Brazil

This Thesis aims to provide a thorough and comprehensive analysis of "guardianship by nesting," encompassing both the perspectives of national experts and international studies on the subject. The study explores the fundamental principles of Family Law, with particular attention to the various guardianship modalities established by national legislation and the judicial protection of children and adolescents. Furthermore, it examines the different types of guardianship recognized by Brazilian case law, with a focus on guardianship by nesting, which, although mentioned in some doctrines, still requires a deeper investigation to enable its broad adoption by Brazilian families. Through a critical reflection on the theories supporting the incorporation of guardianship by nesting into the national legal framework, the paper proposes an analysis of the reasons why this modality has not been widely disseminated in Brazil, despite its growing adoption in various parts of the world, as evidenced in the research. Finally, the study emphasizes the urgent need for a shift in perspective regarding guardianship by nesting, in order to ensure full respect for the constitutional and international principles governing Child and Adolescent Law, particularly the Best Interests of the Child, Human Dignity, Affection, Solidarity, Freedom, and Private Autonomy.