Birdnesting: Considerações sobre a guarda por aninhamento, mais uma modalidade (forma) de guarda

This Course Completion Work aims to analyze the feasibility of applying child custody in marital breakdowns in Brazil, considering the best interests of the child and adolescent. The study compared with other countries can provide valuable support for the construction of a model adapted to the Brazilian reality, always prioritizing the best interests of the child. We researched the fundamental principles of Family Law, especially with regard to shared custody arrangements provided for in the constitution. Furthermore, we delve deeper into the types of custody recognized by Brazilian jurisprudence, including custody by nesting, which, although referred to in certain doctrines, requires a more in-depth analysis for its wide adoption by Brazilian families. Based on an analysis of the theories that justify the incorporation of guardianship by nesting in the national legal system, we propose a reflection on the reasons why this modality is not widely disseminated in the country, however, it has a growing adoption in different parts of the world, as evidenced in our research. We highlight the imminent need for a change of perspective in relation to custody by nesting, in order to ensure respect for the principles of the Best Interest of the Child, Dignity of the Human Person, Affection, Solidarity, Freedom and Private Autonomy.