Questão jurídica principal
Whether a guardianship under Art. 309 para. 1 CC had to be ordered for the child despite the mother's objections and financial situation.
Decisão extraída
Yes. The statute mandates appointment of a guardian for a child born outside marriage to secure paternity determination; no exception exists for the mother's financial situation or lack of cooperation.
Fundamentação extraída
The law makes the measure mandatory once the authority learns of the birth or the mother requests it. The child's welfare risk is presumed by the out-of-wedlock birth itself; proportionality becomes relevant only later if no paternity action can be brought within two years.