What is Dismissal without prejudice (extinção sem mérito)?

Dismissal without prejudice closes the case without ruling on the claim. A requirement for adjudicating the merits is missing — standing, interest, abandonment — and the judge terminates the case (art. 485 of the CPC). In labor litigation the most common instance is dismissal for the claimant’s absence from the hearing (art. 844 of the CLT).

Because it does not decide the right, it generally produces no res judicata on the merits: the claim may, within legal limits, be refiled. It is a distinct outcome from a denial on the merits, and conflating the two distorts any success statistic.

How LABORIS AI uses it

LABORIS AI strictly separates what was dismissed without merits from what was actually adjudicated, so the ruling pattern reflects only real merits decisions — not dismissals that say nothing about the right in dispute.