This article discusses the legal structure of the municipal Health Councils in a Health County in the state of Sao Paulo comprising six municipalities. This descriptive and exploratory study was based on documental research according to federal laws for the creation, organization, structure and routine work of the health councils. Results were presented and discussed in categories. The health councils were created in 1991, and four of them have changed their legal instruments, two of them have innovated in some procedures, such as election of the director, administration non-coincident with local majors, administrative structure and commissions. Some council regulations are in disagreement with local and federal laws, such as the deliberative character, parity representation of users, internal regiment, municipal staff in charge of council directory, and no guarantee of administrative and financial support for routine work. It can be concluded that it is necessary to improve and correct regulations to guarantee a suitable performance of health councils and also to improve the discussion about social participation in the nursing curriculum.
Health Councils; Social Control Policies; Unified Health System; Social participation; Education; nursing