Noelia Cortinas. Luis Barrionuevo. Florencia Conti Aversa.
The present work synthesizes the advances of the research project DCT 1623: "The Crossed Transplant: a strategy before the shortage of organs", accredited by the Secretariat of Investigation of the Faculty of Right of the University of Buenos Aires, Argentina.
This project has two general objectives.
The first, of a cognitive nature, aims to explore and describe the normative scope and limitations for the application in the national scope of the practice of cross-transplants and / or paired transplants. In this regard, an exhaustive analysis of the current law was carried out in order to detect the alternatives, modifications and reformulations in view of the implementation of the paired / crossed transplant. The norms that regulate the transplantation theme in other countries of the region were also analyzed comparatively.
The second, linked to the purpose of the research, constitutes the purpose of our intervention in the field, seeking to generate contributions to the design, implementation and monitoring of the national organ procurement system. In fulfillment of this objective, a fieldwork was carried out at the XXIV Latin American and Caribbean Transplant Congress, which took place in the city of Montevideo from September 3 to 6, 2017. To this end, an instrument was designed and applied. Standardized to 58 participants. The questionnaire collected a battery of indicators identified in the bibliography and research signed by the research team. The information was processed, coding it according to the category systems of each of the variables surveyed. The corresponding codes manual was elaborated for the interpretation of the data. In addition, the data matrix was prepared. The consistency plan of the same was made from the corresponding statistical univariate analysis, subtracting only the bivariate analysis. For this, the SPSS (Statistical Package for the Social Sciences) program was used, a statistical program for the processing and analysis of quantitative data.
The partial conclusions are the following:
1- In the Argentine Republic, a cross transplant has been registered through judicial authorization in 2015 (in the Favaloro Foundation there are eight more, pending completion), being the only one carried out in the country.
2- Argentina, unlike Chile, Paraguay, Peru and Costa Rica, has not modified its transplant law to incorporate the Cross Transplant and / or Paired Transplant. The only precedent was made with judicial authorization.
3- The great preoccupation to enable the transplants of donors between living - in general - and the crossed one - in particular - continues being the commercialization of organs.
4- The main drawback is related to the implementation and equitable access to practice throughout the country.
5- Although INCUCAI sanctioned Resolution 355/2017, it is necessary to design protocols to that effect.
Facultad de Derecho, Universidad de Buenos Aires.