Lets be a orientable closed surface with no conjugate points. Let F be a foliation in the unitary tangent fiber bundle of S, of codimension 1, invariant by the geodesic flow and of class C2. Then, the curvature of S is constant < 0 . The demonstration is a consequence of the two following results, which are of interest by themselves. The first one is that if T1S admits a continuous foliation of codimension 1 by leaves C1 invariants by the geodesic flow, then the surface is with no conjugate points, and the foliation coincides with either the center stable foliation or the center unstable foliation. The second result is the following. Let S be a orientable closed surface of genus > 2 and with no conjugate points. Then, the center unstable foliation Fcs of T1S is conjugate to the center stable foliation of the hyperbolic metric in S. This conjugation is of the same class of differentiability of Fcs. Therefore, if Fcs is of class C2, an extension of the Godbillon-Vey theory implies that the curvature of the surface is constant negative.